IN THE CASE OF:
BOARD DATE: 16 February 2012
DOCKET NUMBER: AR20110016566
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 that his records be corrected to reflect his award of the Army Good Conduct Medal (AGCM) and the campaign medals he received.
2. The applicant states that he received the AGCM and campaign medals that are not reflected on his records and he believes that an honorably discharged veteran should receive the decorations earned.
3. The applicant provides no additional documents with his application.
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 enlisted in the Regular Army on 6 January 1969 for a period of 3 years and training as a carpenter. He completed his basic training at Fort Jackson, South Carolina and his advanced individual training at Fort Leonard Wood, Missouri and was transferred to Fort Benning, Georgia on 23 May 1969 for his first duty assignment.
3. On 13 November 1969 he was transferred to Germany for assignment to an engineer company. During his assignment to Germany nonjudicial punishment was imposed against him on 19 March 1970 for communicating a threat to another Soldier to injure him with a knife and on 18 February 1971 for disobeying a lawful order from a superior noncommissioned officer.
4. He departed Germany on 14 December 1971 and was transferred to Fort Dix, New Jersey where he was honorably released from active duty (REFRAD) under the Christmas early release program. He had served 2 years, 11 months and 10 days of active service and his DD Form 214 issued at the time of his REFRAD shows no decorations or awards.
5. A review of his official records shows that the applicant was awarded the National Defense Service Medal (NDSM) and the Marksman Marksmanship Badge with rifle bar. His records also show that he had excellent conduct and efficiency ratings throughout his service.
6. 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. 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 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. Ratings of "Unknown" for portions of the period under consideration were not disqualifying. Service school efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 were not disqualifying. 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.
7. Army Regulation 600-8-22 (Military Awards) states the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.
DISCUSSION AND CONCLUSIONS:
1. The applicant was awarded the NDSM and the Marksman Marksmanship Badge with rifle bar. Accordingly, they should be added to his DD Form 214 at this time.
2. The applicants contention that he should be awarded the AGCM has been noted and appears to lack merit. The applicant had NJP imposed against him on two occasions for offense that were of a serious nature and that were not conducive to good conduct, order and discipline. Therefore, it appears that his conduct did not warrant his receiving an award of the AGCM. Accordingly, there appears to be no basis to award him the AGCM (first award) for the period of 6 January 1969 to 15 December 1971.
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 the award of the NDSM and the Marksman Marksmanship Badge with rifle bar to his DD Form 214.
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 awarding him the AGCM (first award) for the period of 6 January 1969 to 15 December 1971 and adding it 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) AR20110016566
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ABCMR Record of Proceedings (cont) AR20110016566
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