IN THE CASE OF:
BOARD DATE: 2 August 2011
DOCKET NUMBER: AR20110002011
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 the National Defense Service Medal (NDSM) and Army Good Conduct Medal (AGCM) be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states the personnel clerk omitted the AGCM and NDSM from his DD Form 214 at the time of his discharge from active duty and he did not notice it until much later.
3. The applicant provides:
* AGCM order
* Wikipedia webpage document (3 pages)
* DD Form 214
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 Army Board for Correction of Military Records (ABCMR) to excuse an applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant's military records show he enlisted in the Regular Army on 10 May 1963. He was trained in and awarded military occupational specialty 814.00 (Illustrator).
3. His DA Form 24 (Service Record) shows in Section 5 (Service Outside Continental United States) he was assigned to Christmas Island from 29 March to 11 July 1962. Section 9 (Medals, Decorations, and Citations) is blank.
4. On 9 May 1963, he was honorably discharged in the rank and grade of sergeant/E-5. The DD Form 214 issued at that time shows the applicant completed 3 years of creditable service with no lost time.
5. Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the DD Form 214 is blank.
6. The applicant provides Headquarters, 1st Training Regiment, United States Army Infantry Center, General Orders Number 9, dated 7 May 1963. It announced his award of the AGCM for his exemplary behavior, efficiency, and fidelity for the period 10 May 1960 to 9 May 1963.
7. Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards. Paragraph 2-10 contains guidance on award of the NDSM. It indicates the NDSM was authorized for any period of honorable active duty service completed between 1 January 1961 and 14 August 1974.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends the NDSM and AGCM should be added to his DD Form 214.
2. The evidence of record confirms the applicant was awarded the AGCM for his qualifying period of honorable service from 10 May 1960 to 9 May 1963, and this award was announced in official orders. This period of honorable service also satisfies the regulatory criteria necessary for the award of the NDSM. As a result, these two awards should be added to his DD Form 214 at this time.
BOARD VOTE:
___X____ ___X___ ___X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that 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. adding the Army Good Conduct Medal and National Defense Service Medal to item 26 of his DD Form 214; and
b. issuing a correction to his DD Form 214 to show these awards.
_______ _ 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) AR20110002011
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ABCMR Record of Proceedings (cont) AR20110002011
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