IN THE CASE OF:
BOARD DATE: 4 August 2011
DOCKET NUMBER: AR20110002303
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 any additional medals he may be entitled to as a result of his service.
2. The applicant states his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) only shows his Expert Marksmanship Qualification Badge with Carbine Bar.
3. The applicant provides:
* DD Form 214
* DA Form 1811 (Physical and Mental Status on Release from Active Service)
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 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. He enlisted in the Regular Army on 19 March 1962 for a period of 3 years. He completed basic combat and advanced individual training and was awarded military occupational specialty 635.10 (Automotive Repairman).
3. He was assigned to:
* Company A, 588th Engineer Battalion, Fort Belvoir, VA, from 17 September 1962 to 6 February 1963
* U.S. Army Support Detachment, Oakdale, PA, from 15 November 1963 to 18 March 1965
4. His DA Form 24 (Service Record) provides the following information:
* he was promoted to private first class/pay grade E-3 on 19 November 1962 and he had no reductions in grade during his service
* his conduct and efficiency ratings were "excellent" throughout his period of service
* there is no record of lost time
* Section 10 (Remarks) contains the entry "RE-1 Fully qualified for immediate reenlistment"
5. There is no record of nonjudicial punishment or court-martial conviction in his military personnel records jacket.
6. His records do not contain orders for award of the Army Good Conduct Medal.
7. On 18 March 1965, he was released from active duty. He completed 3 years of active service that was characterized as honorable. Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the Expert Marksmanship Qualification Badge with Carbine Bar.
8. Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded to individuals who completed a qualifying period of active duty enlisted service. It was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 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.
9. Army Regulation 600-8-22 (Military Awards) states the National Defense Service Medal is awarded for honorable active service for the period 1 January 1961 through 14 August 1974.
DISCUSSION AND CONCLUSIONS:
1. His records do not show indiscipline, lost time, or a record of courts-martial. He received "excellent" conduct and efficiency ratings throughout his military service. Section 10 of his DA Form 24 indicates he was fully qualified for immediate reenlistment. Therefore, the evidence is sufficient to show the applicant was eligible for award of the Army Good Conduct Medal (1st Award) based on completion of qualifying service from 19 March 1962 to 18 March 1965.
2. Based on his period of service he is authorized the National Defense Service Medal.
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 for his period of service from 19 March 1962 to 18 March 1965 and
b. amending item 24 of his DD Form 214 to add the:
*
Army Good Conduct Medal (1st Award)
* National Defense Service Medal
___________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) AR20110002303
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ABCMR Record of Proceedings (cont) AR20110002303
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