IN THE CASE OF:
BOARD DATE: 1 September 2011
DOCKET NUMBER: AR20110001135
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 correction of her deceased spouse's, a former service member (FSM), DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the following:
* Army Good Conduct Medal (AGCM)
* National Defense Service Medal (NDSM)
* All other awards and decorations he may be entitled to
2. She states the FSM was not issued all the awards and decorations he was entitled to receive.
3. She provides the following:
* DD Forms 214
* Certificate of Proficiency
* Honorable Discharge certificate
* FSM's certificate of death
CONSIDERATION OF EVIDENCE:
1. The FSM enlisted in the U.S. Army Reserve (USAR) on 9 February 1959 and entered active duty on 2 May 1959. He served on active duty for 6 months and was honorably released to his USAR unit on 1 November 1959. On
1 November 1961, he was ordered to active duty and remained on active duty for 9 months and 5 days until he was honorably released on 5 August 1962.
2. Section 9 (Medals, Decorations, and Citations) of the FSM's DA Form 24 (Service Record) and Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his 1 November 1959 and 5 August 1962 DD Forms 214 show the following:
* Marksman Marksmanship Qualification Badge with Rifle Bar
* Expert Marksmanship Qualification Badge with Carbine
3. There are no orders or documentation that shows the FSM was awarded the AGCM or any additional awards or decorations.
4. Army Regulation 600-8-22 (Military Awards) states the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service. This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service. Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.
5. Army Regulation 600-8-22 provides that the NDSM is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954,
1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995, and 11 September 2001 to a date to be determined.
DISCUSSION AND CONCLUSIONS:
1. There are no orders or documentation that show the FSM was awarded the AGCM. The evidence of record shows the FSM was a USAR Soldier called to active duty on two separate occasions for less than 1 year each time. Therefore, he is not entitled to award of the AGCM.
2. The FSM honorably served during a qualifying period for award of the NDSM. Therefore, he is entitled to the NDSM and to have his DD Form 214 corrected to show this award.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____x___ ____x___ ____x___ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to item 26 of the FSM's 5 August 1962 DD Form 214 the NDSM.
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to the AGCM.
_______ _ _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) AR20110001135
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ABCMR Record of Proceedings (cont) AR20110001135
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