IN THE CASE OF:
BOARD DATE: 13 November 2012
DOCKET NUMBER: AR20120007830
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 Army Good Conduct Medal and to have this medal listed on his two DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge). He further states he would like the National Defense Service Medal issued to him.
2. He states, in effect, he served his country during the entire period of the Vietnam Conflict and was honorably discharged. He even reenlisted a second time with the intent to make a career in the military. He further states he never received the medal set for the National Defense Service Medal listed on his second DD Form 214. He would like to have these medals for a military funeral at his passing.
3. He provides two DD Forms 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. Service medals and awards are not issued by the ABCMR. However, the applicant may obtain his National Defense Service Medal by submitting his request in writing to: National Personnel Records Center, ATTN: Army Reference Branch, 1 Archives Drive, St. Louis, MO 63138. This issue will not be further addressed in this Record of Proceedings.
3. His DD Form 214 shows he enlisted in the Regular Army on 6 March 1963. He was awarded the military occupational specialty of 12B (Combat Engineer). The highest rank/grade he held was specialist five/E-5.
4. His complete military records for his service from 1963 to 1966 are not available to the Board for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. It is believed that the applicant's records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.
5. On 22 February 1966, he was honorably released from active duty as an early release overseas returnee from U.S. Army Europe. He completed 2 years, 11 months, and 18 days of total active service with no lost time. The DD Form 214 he was issued at the time shows award of the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).
6. He enlisted again on 20 February 1973. He was honorably discharged on 14 May 1973, for not meeting medical fitness standards at time of that enlistment.
7. His record is absent documentation that indicates he was ever recommended for or awarded the first award of the Army Good Conduct Medal by proper authority.
8. Army Regulation 672-5-1 (Military Awards), in effect at the time, required that throughout a qualifying period of service for award of the Good Conduct Medal the enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial. This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.
DISCUSSION AND CONCLUSIONS:
The applicant completed a period of qualifying service ending with the termination of a period of Federal military service. Although his records are not available, the information contained on his discharge document suggests that he served honorably and met the basic qualifications for award of the Army Good Conduct Medal. As such, it would be appropriate and in the interest of equity to award him the Army Good Conduct Medal (1st Award) for the period 6 March 1963 through 22 February 1966 and to add this medal to his two DD Forms 214.
BOARD VOTE:
____X____ ___X_____ ____X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 the period 6 March 1963 through 22 February 1966, and
b. adding the Army Good Conduct Medal (1st Award) to his two DD Forms 214.
_______ _ _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) AR20120007830
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ABCMR Record of Proceedings (cont) AR20120007830
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