IN THE CASE OF:
BOARD DATE: 27 March 2012
DOCKET NUMBER: AR20110017546
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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the:
* Army Good Conduct Medal
* National Defense Service Medal
2. He states he served during a period of eligibility for award of the National Defense Service Medal and he was honorably discharged in 1965 which should qualify him for award of the Army Good Conduct Medal, but neither of these medals were annotated on his DD Form 214 at the time of separation.
3. He provides:
* Letter orders for his honorable discharge from the U.S. Army Reserve
* a letter from the National Personnel Records Center, St. Louis, MO
* Executive Order 11265, dated 11 January 1966, which established the National Defense Service Medal
* a DA Form 20 (Enlisted Qualification Record)
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. His record shows he enlisted in the Regular Army on 7 January 1963 and he held military occupational specialty 22F (Nike Hercules Electrical Mechanic). The highest rank/pay grade he attained while serving on active duty was specialist four/E-4. On 23 December 1965, he was released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement).
3. His record contains (and he also provides) a DA Form 20. Item 41 (Awards and Decorations) shows he was awarded the Army Good Conduct Medal (1st Award) by Headquarters, 559th U.S. Army Artillery Group General Orders Number 78, dated 24 December 1965.
4. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded or authorized the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).
5. 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. Second and subsequent awards of the National Defense Service Medal are denoted by a bronze service star affixed to the National Defense Service Medal.
DISCUSSION AND CONCLUSIONS:
1. General orders awarded the applicant the Army Good Conduct Medal; therefore, he is entitled to have his DD Form 214 corrected to show this medal.
2. The evidence shows he served during a qualifying period for award of the National Defense Service Medal; therefore, he is entitled to correction of his
DD Form 214 to show this 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 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 adding the Army Good Conduct Medal and National Defense Service medal to item 24 of 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) AR20110017546
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