BOARD DATE: 29 January 2013
DOCKET NUMBER: AR20120012752
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 (AGCM).
2. The applicant states he served almost 4 years and achieved the rank of Staff Sergeant (SSG). He believes he should have been awarded the AGCM.
3. The applicant provides:
* his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
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 for 4 years, entering on active duty on 1 February 1966. He was honorably separated on 11 January 1970 and transferred to the U.S. Army Reserve Control Group (Reinforcement) for completion of his 6-year Reserve obligation.
3. The applicant's records contain a DA Form 20 (Enlisted Qualification Record). It shows:
* he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* he received uniformly "excellent" conduct and efficiency ratings during his active service with no court-martial convictions
* he was promoted to the rank of Staff Sergeant on 24 February 1969 after just 3 short years
* he served in the Republic of Korea from 5 March 1967 through 14 April 1968 (for which he received the Armed Forces Expeditionary Medal)
4. The applicant's DD Form 214 shows he was awarded the:
* National Defense Service Medal
* Armed Forces Expeditionary Medal
5. Army Regulation (AR) 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy and instructions concerning individual military awards, the Army Good Conduct Medal, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments. It provides:
a. During the applicant's period of service, 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. Ratings of "Unknown" for portions of the period under consideration were not disqualifying. Service school efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 were not disqualifying. 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.
b. The Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea. The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.
c. The regulation 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 has qualified in a prescribed record course. An appropriate bar is furnished to denote each weapon with which the individual has qualified.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests award of the Army Good Conduct Medal. His record shows he was an exemplary Soldier, promoted to Staff Sergeant in 3 years. His conduct and efficiency ratings were "Excellent" and he was never a disciplinary problem. He should be awarded the Army Good Conduct Medal and it should be added to his DD Form 214.
2. The applicant served in the Republic of Korea and was awarded the Armed Forces Expeditionary Medal. As such, he is also qualified for the recently approved Korea Defense Service Medal. It should also be added to his DD Form 214.
3. The record shows the applicant qualified as an expert with the M-14 rifle. This badge should be added to his DD Form 214.
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 for the 3-year period 1 February 1966 to 31 January 1969
* the Korea Defense Service Medal for his service in Korea from 5 March 1967 through 14 April 1968
b. adding to his DD Form 214:
* the Army Good Conduct Medal
* the Korea Defense Service Medal
* the Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
_______ _ 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) AR20120012752
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ABCMR Record of Proceedings (cont) AR20120012752
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