IN THE CASE OF:
BOARD DATE: 22 October 2013
DOCKET NUMBER: AR20130004668
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) with ribbon and the Army Good Conduct Medal (AGCM) with ribbon.
2. The applicant states:
* he did not receive the awards at the time of military service
* he believes he qualified for both awards for his military service
* he only recently became aware that he could apply for this correction, request his medals, and have his records updated
* he did not know the procedures or he would have applied sooner
3. The applicant provides a copy of his DD Form 214 (Report of Separation from Active Duty).
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 requests the issuance of Army medals. The ABCMR does not issue medals. The applicant is advised that requests for medals should be forwarded to the National Personnel Records Center (NPRC), 1 Archives Drive, St. Louis, Missouri 63138. The NPRC ill verify the awards to which a retiree/veteran is entitled and forward the request with verification to the appropriate service department for issuance of the medals. Requests to the NPRC may be submitted online through the eVetRecs system at http://www.archives.gov/veterans/military-service-records/standard-form-180.html or via mail or fax (314-801-9195) by letter or completing a Standard Form 180 (which is available for download at the same website. At a minimum, all requests must include a copy of the retiree's/veteran's separation or discharge paperwork and any other supporting documentation to substantiate his request. All requests must be signed and dated. No further reference to this request will be made in this ABCMR Record of Proceedings.
3. The applicant enlisted in the Army on 2 May 1974, in pay grade E-1. He completed training as a signal intelligence analyst. He was promoted through the ranks to specialist four (E-4).
4. He arrived in Germany on 17 September 1975. On 21 April 1977, he departed Germany en-route to the United States.
5. On 22 April 1977, the applicant was honorably released from active duty. His DD Form 214 shows he was awarded the NDSM and the Marksman Marksmanship Qualification Badge (Rifle M-16).
6. There is no evidence in his records of any court-martial convictions, personnel actions, or statements that would justify his disqualification for award of the Army Good Conduct Medal.
7. Army Regulation 600-8-22 (Military Awards) states the AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity. Although there is no automatic entitlement to the AGCM, disqualification must be justified. Any one of the following periods of continuous enlisted active Federal military service qualifies for award:
* Each 3 years completed on or after 27 August 1940
* For first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year
DISCUSSION AND CONCLUSIONS:
1. The applicant's DD Form 214 currently shows he was awarded the NDSM.
2. There is no evidence in his records of any court-martial convictions, personnel actions or statements that would justify the applicant's disqualification for award of the AGCM. Additionally, he was promoted through the ranks from pay grade E-1 to E-4 in less than 3 years. Based on the available evidence, he should be awarded the AGCM and his DD Form 214 should be corrected to show this award.
3. In view of the foregoing, the applicant's records should be corrected as recommended below.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____X____ ____X____ ___X_____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was 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:
a. awarding him the AGCM for the period 2 May 1974 through 22 April 1977, while serving in the rank of specialist four (E-4); and
b. amending his DD Form 214 to show he was awarded the AGCM.
2. The Board further determined that 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 amending his DD Form 214 to show he was awarded the NDSM.
_______ _ _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) AR20130004668
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