IN THE CASE OF:
BOARD DATE: 31 May 2012
DOCKET NUMBER: AR20110023792
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 (AGCM).
2. The applicant states the AGCM is not listed on his DD Form 214.
3. The applicant provides:
* DD Form 214
* A Transmittal Letter from the Anoka County Veteran Services Office
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 28 September 1959, and he completed basic combat and advanced individual training and awarded military occupational specialty (MOS) 716.10 (Personnel Specialist). The highest rank/grade he attained while serving on active duty was specialist four/E-4.
3. He was honorably released from active duty on 27 September 1962. His DD Form 214 shows no awards.
4. The applicant's DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) added the Korea Defense Service Medal.
5. Section 4 (Chronological Record of Military Service) of his DA Form 24 (Service Record) shows he received "excellent" conduct and efficiency ratings throughout his military service with no evidence of derogatory information in his military record.
6. Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the AGCM was awarded to individuals who completed a qualified period of active duty enlisted service. This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service. The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.
7. Special Orders Number 79, dated 10 July 1962, issued by U.S. Army Garrison Fort Dix awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.
8. 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's request for correction of his DD Form 214 to show award of the AGCM has been carefully considered, and found to have merit.
2. He served honorably from 28 September 1959 through 27 September 1962. He attained the rank/grade of specialist four/E-4 and received "excellent" efficiency and conduct ratings throughout his military service. Lacking any derogatory information on file that would have disqualified him from receiving the first award of the AGCM, it would be appropriate to award the applicant the AGCM. Therefore, he is entitled to correction of his DD Form 214 to show this award.
3. The evidence of record confirms the applicant earned the Sharpshooter Marksmanship Qualification Badge with Rifle Bar. Therefore, he is entitled to correction of his DD Form 214 to show this award.
4. The applicant served between 28 September 1959 and 27 September 1962. He is entitled to correction of his DD Form 214 to show award of the NDSM.
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 AGCM (1st Award) for the period 28 September 1959 through 27 September 1962, and
b. adding to his DD Form 214:
* AGCM
* NDSM
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
_______ _ __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) AR20110024547
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110023792
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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