IN THE CASE OF:
BOARD DATE: 19 July 2012
DOCKET NUMBER: AR20120001852
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.
2. The applicant states, in effect, he remembers receiving the Army Good Conduct Medal at some point during his service; however, it is not listed on his DD Form 214.
3. The applicant provides 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's records show he enlisted in the Regular Army on 19 October 1960 and he held military occupational specialty 111.10 (Light Weapons Infantryman). He was promoted to the rank/grade of specialist four (SP4)/E-4 on 10 July 1962.
3. He was honorably released from active duty on 30 September 1963 in the rank of SP4 and transferred to the U.S. Army Reserve. He completed 2 years, 11 months, and 12 days of creditable active service with no time lost.
4. The DD Form 214 he was issued shows the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-1).
5. Section 4 (Chronological Record of Military Service) of his DA Form 24 (Service Record) shows he received all "excellent" conduct and efficiency ratings throughout his service. His record is void of any record of disciplinary actions or a commander's disqualification for the first award of the Army Good Conduct Medal.
6. Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal 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. 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 evidence of record shows the applicant served honorably from 19 October 1960 through 30 September 1963. He received "excellent" conduct and efficiency ratings throughout his military service and attained the rank of SP4. His record is void of any derogatory information that would have disqualified him from receiving the Army Good Conduct Medal (1st Award). Therefore, it would be appropriate to award him the Army Good Conduct Medal (1st Award) based on completion of a qualifying period of Federal military service and correct his DD Form 214 to show this award.
2. His record confirms he served during a qualifying period for award of the National Defense Service Medal which is not shown on his DD Form 214. Therefore, he is entitled to correction of his DD Form 214 accordingly.
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 Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 19 October 1960 to 30 September 1963; and
b. adding to his DD Form 214 the Army Good Conduct Medal (1st Award) and the National Defense Service Medal.
_______ _ 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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