BOARD DATE: 12 April 2012
DOCKET NUMBER: AR20110017398
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 his military records to show award of any medals or service ribbons he may be authorized.
2. The applicant states he did not receive any awards for the time he served on active duty.
3. The applicant provides copies of his DD Form 214; a letter from the National Personnel Records Center, dated 27 July 2011; and a page showing pictures of several commemorative medals and the Army Good Conduct Medal.
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. On 18 September 1958, the applicant was inducted into the Army of the United States (AUS).
3. On 19 November 1958, the applicant was discharged from the AUS for the purpose of enlisting in the Regular Army. On 20 November 1958, he enlisted for a period of 3 years. He completed his initial training and was awarded military occupational specialty 311.10 (Infantry communications Specialist). He was subsequently assigned for duty at Fort Sill, Oklahoma.
4. On 19 October 1959, he was assigned to the 91st Transportation Company located at Fort Campbell, Kentucky. He accompanied his unit to the Federal Republic of Germany.
5. On 3 January 1962, he returned to the United States.
6. On 12 February 1962, the applicant was released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement). He attained the rank of specialist four/pay grade E-4 and completed a total of 3 years, 4 months, and 25 days of creditable active duty service. His characterization of service was honorable.
7. Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 effective 12 February 1962 is blank.
8. The applicant's DA Form 24 (Service Record) shows in Section 4 (Chronological Record of Military Service) that all of his conduct and efficiency ratings were either "excellent" or "unknown" (indicated by a "-").
9. 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.
10. 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. Ratings of "unknown" for portions of the period under consideration 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his military records should be corrected to show any medals or service ribbons he may be authorized.
2. The available evidence clearly shows the applicant served during a qualifying period for authorization of the National Defense Service Medal.
3. The applicant's records clearly show he distinguished himself in the performance of his military service as evidenced by attaining the rank of specialist four and achieving "excellent" conduct and efficiency ratings. Therefore, it is presumed that not receiving the Army Good Conduct Medal (1st Award) for his service for the period 18 September 1958 to 17 September 1961 was an administrative oversight. Accordingly, he should be awarded this 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 is 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 18 September 1958 to 17 September 1961 and
b. adding awards of the Army Good Conduct Medal (1st Award) and National Defense Service Medal to his DD Form 214 for the period ending 12 February 1962.
_________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) AR20110017398
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ABCMR Record of Proceedings (cont) AR20110017398
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