IN THE CASE OF:
BOARD DATE: 1 May 2014
DOCKET NUMBER: AR20130015129
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 his military record shows he is not entitled to the Army Good Conduct Medal; however, he does not know the reason. He has always wanted to be awarded the Army Good Conduct Medal. He is now in a nursing home and he has dementia, but he remembers the medal.
3. The applicant provides no additional evidence.
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 30 December 1961 and he held military occupational specialty 122.60 (bridge specialist).
3. He was honorably released from active duty, in pay grade E-5 (temporary (T)) on 17 December 1964 and he was transferred to the U.S. Army Reserve. He was credited with completing 2 years, 11 months, and 18 days of net active service with no time lost. His DD Form 214 lists the Expert Marksmanship Qualification Badge with Rifle and Carbine Bars and Mechanics Badge.
4. His DA Form 24 (Service Record) shows in:
* Section 4 (Chronological Record of Military Service) he received "excellent" conduct and efficiency ratings throughout his period of service, there is no evidence of a commander's disqualification for award of the Army Good Conduct Medal during his period of service
* Section 10 he was fully qualified for reenlistment
5. Army Regulation 672-5-1 (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 service entirely during the period 7 December 1941 through 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-marital.
6. Army Regulation 600-8-22 (Military Awards) states the National Defense Service Medal is awarded for honorable active service for any period between 27 June 1950 and 27 July 1954, both dates inclusive; between 1 January 1961 and 14 August 1974, both dates inclusive; between 2 August 1990 and 30 November 1995; and from 11 September 2001 to a date to be determined.
DISCUSSION AND CONCLUSIONS:
1. The evidence of records shows the applicant received "excellent" conduct and efficiency rating during his period of active duty, attained the rank of pay grade
E-5 (T), and was found fully qualified for reenlistment. Therefore, it appears he is entitled to award of the Army Good Conduct Medal (1st Award) for his period of service from 30 December 1961 through 17 December 1964 and its addition to his DD Form 214.
2. He also completed a qualifying period of service for award of the National Defense Service Medal. Therefore, his DD Form 214 should be corrected to show this award.
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:
* Awarding the applicant the Army Good Conduct Medal (1st Award) for his period of service from 30 December 1961 through 17 December 1964
* Adding to his DD Form 214 the Army Good Conduct Medal (1st Award) and National Defense Service 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) AR20130015129
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ABCMR Record of Proceedings (cont) AR20130015129
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