IN THE CASE OF:
BOARD DATE: 19 June 2012
DOCKET NUMBER: AR20120000590
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 award of the National Defense Service Medal (NDSM).
2. He states his service and discharge were honorable. A substantial portion of his active duty service from 8 September 1960 to 27 August 1962 fell within a period of eligibility for the NDSM.
3. He provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), a DA Form 1577 (Authorization for Issuance of Awards), and his Honorable Discharge Certificate.
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. On 8 September 1960, he was inducted into the Army of the United States. After completing initial entry training, he was awarded military occupational specialty 111.60 (Light Weapons Infantryman).
3. His DA Form 20 (Enlisted Qualification Record) shows in:
* item 28 (Qualification in Arms) he qualified as Expert with the flamethrower, M-60 machine gun, M-14 rifle, and bayonet
* item 28 he qualified as Marksman with the M-1 rifle and Browning automatic rifle
4. Section 4 (Chronological Record of Military Service) of his DA Form 24 (Service Record) shows he received all "excellent" conduct and efficiency ratings.
5. On 27 August 1962, he was honorably released from active duty in the rank/grade of sergeant (SGT)/E-5 after completing 1 year, 11 months, and 20 days of total active service. His DD Form 214 shows no awards.
6. Army Regulation 600-8-22 (Military Awards) states the National Defense Service Medal is awarded for honorable active service for any period between 1 January 1961 and 14 August 1974.
7. A review of his record indicates entitlement to additional awards not shown on his DD Form 214.
8. Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal (AGCM) 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.
9. His record is void of documentation showing he was the subject of any disciplinary actions or that he received a commander's disqualification for award of the AGCM. His record does not contain orders awarding him the AGCM.
10. He provides a DA Form 1577 showing he was authorized issuance of the AGCM on 8 May 1967.
11. Army Regulation 600-8-22 sets forth requirements for award of basic marksmanship qualification badges. The qualification badge is awarded to indicate the degree Expert, Sharpshooter, and Marksman in which an individual qualified in a prescribed record course. An appropriate bar is furnished to denote each weapon with which the individual qualified.
DISCUSSION AND CONCLUSIONS:
1. The applicant served during a period of eligibility for the NDSM. Therefore, he is entitled to correction of his DD Form 214 to show this award and issuance of the award.
2. He received all "excellent" conduct and efficiency ratings throughout his service, and there is no record of a commander's disqualification for award of the AGCM. In light of his overall record of service, it would be appropriate to award him the first award of the AGCM based on completion of a qualifying period of active Federal service from 8 September 1960 to 27 August 1962 and to correct his DD Form 214 to show this award.
3. He qualified as Expert with the flamethrower, M-60 machine gun, M-14 rifle, and bayonet. Therefore, he is entitled to correction of his DD Form 214 to show the Expert Marksmanship Qualification Badge with Machine Gun, Flamethrower, Rifle, and Bayonet Bars.
4. He qualified as Marksman with the M-1 rifle and Browning automatic rifle. Therefore, he is entitled to correction of his DD Form 214 to show the Marksman Marksmanship Qualification Badge with Rifle and Automatic Rifle Bars.
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 8 September 1960 to 27 August 1962;
b. adding to his DD Form 214 the:
* AGCM (1st Award)
* NDSM
* Expert Marksmanship Qualification Badge with Machine Gun, Flamethrower, Rifle, and Bayonet Bars
* Marksmanship Qualification Badge with Rifle and Automatic Rifle Bars
c. issuing these awards to him.
_______ _ _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) AR20120000590
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ABCMR Record of Proceedings (cont) AR20120000590
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