IN THE CASE OF:
BOARD DATE: 19 May 2011
DOCKET NUMBER: AR20100027841
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests award of the Army Good Conduct Medal and Expert Marksmanship Qualification Badge.
2. The applicant states that when he returned from overseas the awards were overlooked due to human error.
3. The applicant provided copies of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), correspondence to and from the Army Board for Correction of Military Records (ABCMR), four commendatory letters, a Marksmanship Award Ceremony handout, and a certificate of training.
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the ABCMR to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant enlisted in the Regular Army on 27 August 1959 following service in the U.S. Army Reserve (USAR). He completed training and was awarded military occupational specialty 140.00 (Light Track Vehicle Mechanic).
3. On 6 January 1960, the applicant departed the United States for duty in the Federal Republic of Germany.
4. On 16 January 1960, the applicant was assigned for duty with Service Battery, 2d Howitzer Battalion, 34th Artillery. He remained with this unit until his departure on 4 August 1962 to return to the United States.
5. On 14 August 1962, he was released from active duty and transferred to the USAR Control Group (Reinforcement). He completed 2 years, 11 months, and 18 days of creditable active duty service.
6. Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists no awards. A DD Form 215 (Correction to DD Form 214) issued on 27 March 2006 shows the National Defense Service Medal was added to item 26 of his DD Form 214.
7. The available records show he accepted nonjudicial punishment (NJP) under the provisions of Article 15 of the Uniform Code of Military Justice:
a. on 11 February 1961, for being absent from his appointed place of duty and being apprehended by the military police in an off-limits establishment. His punishment was reduction to private (PV2); and
b. on 14 July 1961, for failing to obey a lawful order to open his wall locker for inspection. His punishment was reduction to PV2.
8. The applicant's DA Form 24 (Service Record) shows in:
a. section 1 (Appointments, Promotions, or Reductions) that he was advanced to private first class (PFC) on 6 May 1960. He was reduced to PV2 on 15 February 1961. He was again advanced to PFC on 18 March 1961 and reduced to PV2 on 14 July 1961. On 23 September 1962, he was advanced once again to PFC and on 26 March 1962 he was advanced to specialist four;
b. section 4 (Chronological Record of Military Service) that his conduct and efficiency ratings were "excellent"; and
c. section 9 (Medals, Decorations, and Citations) that he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar.
9. Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for the first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year. The enlisted person must have had all "excellent" conduct and efficiency ratings. There must have been no convictions by a court-martial. However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.
DISCUSSION AND CONCLUSIONS:
1. The applicant's records show he distinguished himself in the performance of his military service as evidenced by his "excellent" conduct and efficiency ratings and honorable discharge. Even though there are two records of NJP, the conduct and efficiency ratings for the corresponding periods are all "excellent." There is no record of court-martial or other evidence of disqualification. Therefore, it is presumed that his not receiving an Army Good Conduct Medal for his service was an oversight. Accordingly, he should be awarded this medal.
2. Records show the applicant was awarded the Expert Marksmanship Qualification Badge with Rifle Bar. Therefore his records should be corrected to show this badge.
BOARD VOTE:
____X_____ ___X____ ____X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
a. awarding him the Army Good Conduct Medal (1st Award) for the period 27 August 1959 to 14 August 1962 and
b. adding the Army Good Conduct Medal (1st Award) and the Expert Marksmanship Qualification Badge with Rifle Bar to his DD Form 214.
____________X_____________
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20100000820
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20100027841
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