BOARD DATE: 5 June 2014
DOCKET NUMBER: AR20130018291
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 that he be awarded the Army Good Conduct Medal (AGCM) and the National Defense Service Medal (NDSM).
2. The applicant states that he served during qualifying periods for awards of the AGCM and the NDSM and he desires them to be added to his DD Form 214 (Armed Forces of the United States Report of Separation).
3. The applicant provides copies of his DD Form 214 and Honorable Discharge Certificate.
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 military records are not available for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. It is believed the applicant's records were lost or destroyed in that fire. However, the documents provided by the applicant are sufficient to conduct a fair and impartial review of this case.
3. The applicant enlisted in the Regular Army on 8 October 1956 for a period of 3 years. He completed his training as a tandem rotor helicopter mechanic at Fort Eustis, Virginia and served until he was honorably released from active duty (REFRAD) in the pay grade of E-5 at Fort Eustis on 7 October 1959. He had served 3 years of active service and his DD Form 214 shows his only awards were his marksmanship badges.
4. The applicant was honorably discharged from the United States Army Reserve on 31 March 1962.
5. 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. Second and subsequent awards of the National Defense Service Medal are denoted by a bronze service star affixed to the National Defense Service Medal.
6. Army Regulation 600-8-22 (Military Awards) states Army National Guard and U.S. Army Reserve forces personnel on short tours of duty to fulfill training obligations under an inactive duty training program will not be considered as performing active service which qualifies for award of the National Defense Service Medal.
7. 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 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. Ratings of Unknown for portions of the period under consideration were not disqualifying. Service school efficiency ratings based upon academic proficiency of at least Good rendered subsequent to 22 November 1955 were not disqualifying. There must have been no convictions by a court-martial. However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that he should be awarded the AGCM has been noted and unfortunately lacks merit. During the period the applicant served on active duty Soldiers required excellent conduct and efficiency ratings and given that his records were destroyed, there is no evidence to show that he was recommended or qualified for award of the AGCM. Therefore, in the absence of such evidence there appears to be no basis to award him the AGCM.
2. The applicants contention that he served during a qualifying period for award of the NDSM has also been noted and also appears to lack merit. The applicant was serving in the USAR during a qualifying period for award of the NDSM; however, there is no evidence to show that he served on active duty for a qualifying period for award of the NDSM.
3. Therefore, in the absence of evidence to show otherwise, there appears to be no basis to grant his request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__X______ __X______ _X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_______ _ 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.
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