IN THE CASE OF:
BOARD DATE: 22 October 2013
DOCKET NUMBER: AR20130003884
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
* correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Senior Parachutist Badge
2. The applicant states he should receive the Army Good Conduct Medal for his period of service. Attached are orders showing he was awarded the Senior Parachutist Badge.
3. The applicant provides Special Orders Number 25.
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 applicant's 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 applicant's 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 16 August 1961 and he held military occupational specialty 717.17 (Administrative Specialist). He was promoted to the rank/grade of specialist five (SP5)/E-5 on 18 June 1964.
3. Section 4 (Chronological Record of Military Service) of his DA Form 24 (Service Record) shows he received predominantly "excellent" conduct and efficiency ratings throughout his service except for the period from 3 November to 22 December 1961 (50 days) when he received "good" ratings.
4. The applicant provides Special Orders Number 25 issued by Headquarters, 101st Airborne Division and Fort Campbell, Fort Campbell, KY, dated 30 January 1964, awarding him the Senior Parachutist Badge.
5. He was honorably released from active duty on 14 August 1964 in the rank of SP5. He completed 2 years, 11 months, and 29 days of creditable active service.
6. His DD Form 214 shows award of the Parachutist Badge and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-19).
7. His record is void of orders awarding him the Army Good Conduct Medal.
8. 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.
9. 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. Special orders awarded the applicant the Senior Parachutist Badge which is not shown on his DD Form 214. Therefore, he is entitled to the correction of his DD Form 214 to show this award.
2. With respect to the Army Good Conduct Medal, the governing regulation requires the individual must have had all "excellent" conduct and efficiency ratings throughout their period of active service. The evidence of record confirms the applicant received "good" ratings from 3 November to 22 December 1961 and his record is void of orders awarding him the Army Good Conduct Medal. Therefore, he is not entitled to this portion of the requested relief.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____X___ ____X___ ___X__ _ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined the evidence presented is 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 amending his DD Form 214 to show the National Defense Service Medal and Senior Parachutist Badge.
2. The Board further determined 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 Army Good Conduct 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.
ABCMR Record of Proceedings (cont) AR20130003884
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ABCMR Record of Proceedings (cont) AR20130003884
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