BOARD DATE: 11 June 2014
DOCKET NUMBER: AR20130019046
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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he was awarded the Army Good Conduct Medal.
2. The applicant states he was unaware he had received the Army Good Conduct Medal until a friend he had served with sent him a copy of the orders.
3. The applicant provides a copy of his DD Form 214 and the Army Good Conduct Medal orders.
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 January 1974. He held military occupational specialty 95C (Corrections Specialist).
3. His DA Form 2-1 (Personnel Qualification Record Part II) shows his awards as the National Defense Service Medal and the Expert Marksmanship Qualification Badge with Pistol Bar (.45 Caliber).
4. He was honorably released from active duty effective 28 January 1977 as a specialist (SPC)/E-4. He completed 3 years of active duty service. His DD Form 214 shows he was awarded the National Defense Service Medal and the Expert Marksmanship Qualification Badge with Rifle Bar.
5. The applicant provides a copy of Permanent Orders 20-12, issued by Headquarters, 7th Infantry Division, Fort Ord, CA, dated 15 February 1978, awarding him the Army Good Conduct Medal (First Award) for the period
28 January 1974 through 27 January 1977.
DISCUSSION AND CONCLUSIONS:
The available evidence shows he was awarded the Army Good Conduct Medal (First Award) and the Expert Marksmanship Qualification Badge with Pistol Bar that are not shown on his DD Form 214. Therefore, his DD Form 214 should be corrected to show these additional awards.
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 adding to his DD Form 214 the Army Good Conduct Medal (1st Award) and the Expert Marksmanship Qualification Badge with Pistol Bar.
_________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) AR20100007388
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ABCMR Record of Proceedings (cont) AR20130019046
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