IN THE CASE OF:
BOARD DATE: 17 November 2011
DOCKET NUMBER: AR20110011387
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, the widow of a former service member (FSM), requests correction of the FSM's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Army Commendation Medal.
2. She states the award was given to the FSM after he was released from active duty and it was never entered on his DD Form 214.
3. She provides:
* the FSM's DD Form 214
* a Newspaper Article
* the FSM's Death Certificate
* a Marriage License
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 FSM enlisted in the Regular Army on 3 January 1964 for a period of
4 years.
3. Orders published on 12 May 1966 show he qualified as a sharpshooter with the M-14 Rifle on 27 April 1966 and he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).
4. His DA Form 20 (Enlisted Qualification Record) shows in:
* item 33 (Appointments and Reductions) he was promoted to specialist six (SP6)/E-6
* item 38 (Record of Assignments) he received all "excellent" conduct and efficiency ratings
5. He was released from active duty on 14 December 1967. His DD Form 214 shows the National Defense Service Medal and the Sharpshooter Marksmanship Qualification Badge with Carbine Bar. There is no evidence of any disciplinary actions or a commander's disqualification for the first award of the Army Good Conduct Medal.
6. General Orders Number 115, dated 14 December 1967, show he was awarded the Army Commendation Medal for meritorious service from January to December 1967.
7. 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.
DISCUSSION AND CONCLUSIONS:
1. General orders show the FSM was awarded the Army Commendation Medal for meritorious service from January to December 1967. Therefore, this award should be added to his DD Form 214.
2. Orders show he qualified as sharpshooter with the M-14 Rifle and was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar
(M-14). Therefore, his DD Form 214 should be correction to show this marksmanship badge.
3. The evidence of record does not show the FSM was disqualified from receiving the first award of the Army Good Conduct Medal for the period 3 January 1964 through 14 December 1967. He was promoted to SP6/E-6 and he received "excellent" conduct and efficiency ratings throughout his period of service. Therefore, he should be awarded the Army Good Conduct Medal (1st Award) and his DD Form 214 should be corrected to show this award.
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. awarding him the Army Good Conduct Medal (1st Award) for the period 3 January 1964 through 14 December 1967; and
b. amending his DD Form 214 to add the Army Commendation Medal, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), and Army Good Conduct Medal (1st Award).
___________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) AR20110011387
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ABCMR Record of Proceedings (cont) AR20110011387
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