IN THE CASE OF:
BOARD DATE: 8 May 2012
DOCKET NUMBER: AR20110021788
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 all awards to which he is eligible be added to his record and DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states he never received any medals and he believes somebody just missed it.
3. The applicant provides his DD Form 214 and Army Good Conduct Medal (AGCM) orders in support of 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 applicants record shows he enlisted in the Regular Army on 9 September 1964. He was trained in and awarded military occupational specialty (MOS) 11E (Armor Crewman), and was promoted to sergeant/E-5 (SGT/E-5), the highest grade he held on active duty, on 23 May 1966.
3. The applicants DA Form 20 (Enlisted Qualification Record) shows he receive excellent conduct and efficiency ratings at all of his active duty assignments. Item 41 (Awards and Decorations) shows he earned the National Defense Medal (NDSM), Expert Marksmanship Qualification Badge with Rifle Bar and Marksman Marksmanship Qualification Badge with Pistol Bar.
4. The applicants Military Personnel Records Jacket (MPRJ) is void of derogatory information or a unit commander disqualification that would have precluded award of the AGCM.
5. On 23 August 1967, the applicant was honorably released from active duty (REFRAD), in the rank of SGT/E-5, after completing 2 years, 11 months, and 15 days of active military service. The DD Form 214 he was issued lists the NDSM and Expert Marksmanship Qualification Badge with Rifle Bar as earned awards.
6. The applicant provides Headquarters, 3rd Armored Division General Orders Number 287, dated 25 July 1967, which awarded the applicant the AGCM for the period 9 September 1964 through 8 September 1967.
7. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It establishes standardized policy for preparing and distributing the DD Form 214. The version of the regulation in effect at the time identified the DA Form 20 as the primary records source for entries on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicants request to correct his records to add all awards to which he is eligible has been carefully considered and found to have merit. By regulation all earned awards should be entered on the DD Form 214.
2. The evidence of record confirms the applicant earned the Marksman Marksmanship Qualification Badge with Pistol Bar, as evidenced by an entry in item 41 of the DA Form 20 which was not included on his DD Form 214.
3. Further, the applicant provides orders showing he was awarded the AGCM for his qualifying active duty service. Even though these orders were not on file in the record, the DA Form 20 confirms he received excellent conduct and efficiency ratings at all of his active duty assignments and his MPRJ is void of derogatory information or unit commander disqualification that would have precluded award of the AGCM. As a result, it is concluded the applicant was in fact awarded the AGCM prior to his REFRAD and it would be appropriate to add this award to his record and DD Form 214.
4. The applicant also indicates he has never received the medal sets for the awards he earned. Therefore, it would also be appropriate to issue the medal sets for the awards identified to the applicant.
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 adding the Army Good Conduct Medal and Marksman Marksmanship Qualification Badge to his record and DD Form 214; and by issuing him the medal sets for all earned awards.
__________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) AR20110021788
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110021788
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