IN THE CASE OF:
BOARD DATE: 12 December 2013
DOCKET NUMBER: AR20130006342
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.
2. The applicant states this award is not listed on his DD Form 214 (Armed Forces of the United Sates Report of Transfer or Discharge).
3. The applicant provides his DD Form 214 for the period ending 25 September 1969.
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 enlisted in the Regular Army on 26 September 1966 and he held military occupational specialty 11B (Light Weapons Infantryman). He served in Korea from 22 February 1967 to 21 September 1968.
3. He was honorably released from active duty at the expiration of his term of service in the rank/grade of specialist four (SP4)/E-4 on 25 September 1969. He completed 3 years of total active service with no time lost. The DD Form 214 he was issued shows award of the National Defense Service Medal, Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and Armed Forces Expeditionary Medal (Korea).
4. His records do not contain orders awarding him the Army Good Conduct Medal. However:
* there is no derogatory information in his record that would have disqualified him from being recommended for or awarded the first award of the Army Good Conduct Medal
* item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received all "excellent" conduct and efficiency ratings throughout his service
5. Army Regulation 672-5-1 (Decorations and Awards), in effect at the time, stated 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 the 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. There must have been no convictions by a court-martial.
6. Item 29 (Qualifications in Arms) of his DA Form 20 shows he qualified marksman with M-14 rifle on 16 November 1967 and sharpshooter with the M-16 rifle on 12 July 1969.
7. Army Regulation 600-8-22 (Military Awards) states 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant served honorably from 26 September 1966 through 25 September 1969. He attained the rank/grade of SP4/E-4. He also received all "excellent" conduct and efficiency ratings throughout his service with no disciplinary actions or a commander's disqualification. It appears that at the time of his separation he was not awarded the Army Good Conduct Medal as a result of an administrative oversight. Therefore, it would be appropriate at this time to award him the Army Good Conduct Medal (1st Award) for the period 26 September 1966 through 25 September 1969 and to correct his DD Form 214 to show this award.
2. The applicant served during a qualifying period of service for entitlement to the Korea Defense Service Medal. Therefore, his DD Form 214 should be corrected to show this award.
3. He qualified marksman with the M-14 rifle and sharpshooter with the M-16 rifle. Therefore, he is entitled to correction of his DD Form 214 to show the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) and as a matter of clarity, the Sharpshooter Marksmanship Qualification Badge with Rifle Badge (M-16).
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:
* deleting from his DD Form 214 the Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* awarding him the Army Good Conduct Medal (1st Award) for the period 26 September 1966 through 25 September 1969
* adding to his DD Form 214 the:
* Army Good Conduct Medal (1st Award)
* Korea Defense Service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Marksman 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) AR20130006342
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ABCMR Record of Proceedings (cont) AR20130006342
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