IN THE CASE OF:
BOARD DATE: 5 June 2014
DOCKET NUMBER: AR20130017377
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 and, in effect, correction of his record to show all medals and ribbons he is eligible to wear.
2. The applicant states he had 3 years of honorable service and he wants to know what medals he is eligible to wear.
3. The applicant provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 14 December 1964.
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. On 19 January 1962, he enlisted in the Regular Army for 3 years.
3. He was assigned to Company B, 2nd Medical Battalion at Fort Benning, GA from 9 November 1962 to 26 November 1963.
a. On 15 November 1963, he accepted nonjudicial punishment (NJP) for failing "to report for guard without a proper relief for his post."
b. He received a conduct rating of "good" during the period 9 April through
26 November 1963.
4. He was assigned to Headquarters Battery, 1st Battalion, 77th Artillery in Korea from 18 January to 26 November 1964.
5. On 14 December 1964, he was released from active duty. He completed
2 years, 10 months, and 26 days of active duty that was characterized as honorable. His DD Form 214 shows he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.
6. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.
a. The National Defense Service Medal was awarded for honorable active service for any period between 1 January 1961 and 14 August 1974.
b. 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.
7. Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for exemplary behavior, efficiency, and fidelity in active Federal military service. The Army Good Conduct Medal was awarded 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant received NJP and a conduct rating of "good" during the period from 9 April through 26 November 1963 while assigned to the 2nd Medical Battalion. Therefore, he is not entitled to the Army Good Conduct Medal.
2. Based on his honorable service from 19 January 1962 to 14 December 1964, he is authorized the National Defense Service Medal.
3. Based on his service in Korea from 18 January to 26 November 1964, he is authorized the Korea Defense Service Medal.
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 amending his DD Form 214 with an effective date of 14 December 1964 by adding the:
* National Defense Service Medal
* Korea Defense Service Medal
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 the 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) AR20130017377
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ABCMR Record of Proceedings (cont) AR20130017377
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