DOCKET NUMBER: AR20110024674
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 the Army Good Conduct Medal (AGCM) and additional awards authorized be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states he did not receive any awards upon separation from the military service.
3. The applicant provides a copy of his DD Form 214.
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 10 July 1963. He completed basic combat and advanced individual training and was awarded military occupational specialty 72B (Communications Center Specialist).
3. Item 38 (Record of Assignments) of the applicants DA Form 20 (Enlisted Qualification Record) shows he received a Good conduct rating during his assignment period 10 July 1963 to 27 September 1963 while in basic training, and item 41 (Awards and Decorations) does not include the AGCM in the list of earned awards.
4. The applicants record revealed he received a DA Form 2627 (Summarized Record of Proceedings under Article 15 UCMJ) on 19 August 1963.
5. On 16 May 1966, the applicant was honorably released from active duty (REFRAD), in the rank of specialist four/E-4, after completing 2 years,
10 months, and 7 days of active military service. His DD Form 214 shows he earned the Sharpshooter Marksmanship Qualification Badge (Rifle).
6. 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. 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 (NDSM) 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 regulation in effect at the time required a member receive all "excellent" conduct and efficiency ratings and not to have had a court-martial in order to qualify for the AGCM. In this case, the evidence of record shows the applicant received a "good" conduct rating during his assignment in basic training. Additionally, he received a summarized Article 15 on 19 August 1963. As a result, the applicant did not qualify to be awarded the AGCM at the time of his REFRAD.
2. The evidence of record also confirms that based on his honorable active service for the period 10 July 1963 to 16 May 1966, the applicant is eligible for the NDSM. Therefore, it would be appropriate to add this award to his DD Form 214.
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 to his DD Form 214 the NDSM.
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 award of the AGCM.
_______ _ 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.
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