IN THE CASE OF:
BOARD DATE: 5 March 2014
DOCKET NUMBER: AR20130011374
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 he served on active duty from 22 June 1960 to 19 July 1963 without blemish.
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 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's records show he enlisted in the Regular Army on 22 June 1960 and he held military occupational specialty 732.10 (Disbursing Specialist). He was assigned to Fort Meade, MD.
3. He was honorably released from active duty in the rank/grade of specialist four (SP4)/E-4 on 19 July 1963. His DD Form 214 shows he completed 3 years and 28 days of active service with no lost time. There are no awards or decorations listed on his DD Form 214.
4. Special Orders (SO) Number 117, issued by Headquarters, 3rd Training Regiment, Fort Dix, NJ, on 8 August 1960 awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-1).
5. SO Number 93, issued by Headquarters, Special Troops Regiment, Fort Meade, MD, on 2 April 1963, awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (Carbine).
6. His record does not show he was awarded the Army Good Conduct Medal. Additionally, his record shows no derogatory information that would disqualify him for the first award of the Army Good Conduct Medal. Furthermore, section 4 (Chronological Record of Military Service) of his DA Form 24 (Service Record) shows he received "excellent" conduct and efficiency ratings throughout his military service.
7. 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.
8. 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. There is no record of any derogatory information in the applicant's service record. The evidence shows he served honorably from 22 June 1960 through 19 July 1963. He attained the rank/grade of SP4/E-4, served a qualifying period of service, and received "excellent" conduct and efficiency ratings throughout his service with no record of disciplinary actions or a commander's disqualification. Therefore, it would be appropriate to award him the Army Good Conduct Medal (1st Award) and correct his DD Form 214 to show this medal.
2. He served a qualifying period of service for award of the National Defense Service Medal and he should also be entitled to correction of his DD Form 214 to show it.
3. SO awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-1) and the Marksman Marksmanship Qualification Badge with Rifle Bar (Carbine). Therefore, he is entitled to correction of his DD Form 214 to show these badges.
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:
* awarding him the Army Good Conduct Medal (1st Award) for the period 22 June 1960 through 21 June 1963
* adding to his DD Form 214 the Army Good Conduct Medal (1st Award), National Defense Service Medal, Expert Marksmanship Qualification Badge with Rifle Bar (M-1), and the Marksman Marksmanship Qualification Badge with Rifle Bar (Carbine)
_______ _ 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) AR20130011374
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ABCMR Record of Proceedings (cont) AR20130011374
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