BOARD DATE: 10 July 2014
DOCKET NUMBER: AR20130019631
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 National Defense Service Medal (NDSM) and Army Good Conduct Medal (AGCM).
2. The applicant states:
* he served from 31 October 1963 to 4 April 1966 and was discharged without receiving any medals
* his service records reflect "excellent" conduct and efficiency ratings at each duty station
3. The applicant provides:
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* DD Form 215 (Correction to DD Form 214)
* DA Form 20 (Enlisted Qualification Record)
* letter from a Member of Congress, dated 7 October 2013
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 31 October 1963 for a period of 3 years. He completed his training and was awarded military occupational specialty 23R (radar mechanic). He served in Korea from 14 September 1964 through 28 September 1965. On 4 April 1966, he was honorably discharged by reason of physical disability in the temporary rank of specialist five after completing 2 years, 5 months, and 4 days of creditable active service with no lost time.
3. His DD Form 214 does not show the AGCM or NDSM as authorized awards.
4. There is no evidence showing the applicant received the first award of the AGCM. There is no evidence of any disciplinary action or a commander's disqualification that would have precluded him from being awarded the AGCM. His DA Form 20 shows he received all "excellent" conduct and efficiency ratings throughout his service.
5. A DD Form 215, dated 1 July 2004, amended his DD Form 214 by adding award of the Korea Defense Service Medal.
6. Army Regulation 672-5-1 (Awards), in effect at the time, stated the AGCM 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 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. There must have been no convictions by a court-martial.
7. Army Regulation 600-8-22 (Military Awards) states the NDSM 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. The applicant completed a period of qualifying service for award of the NDSM. Therefore, his DD Form 214 should be corrected to show this medal.
2. He was honorably discharged from active duty in the temporary rank of specialist five with 29 months of total active service and no lost time. He received all "excellent" conduct and efficiency ratings throughout his service and he had no record of any disciplinary action or a commander's disqualification. It appears he met the eligibility criteria for the first award of the AGCM for the period 31 October 1963 through 4 April 1966 based on completion of a period of qualifying service ending with the termination of a period of Federal military service. Therefore, he should be awarded the AGCM (1st Award) and 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 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:
a. awarding him the AGCM (1st Award) for the period 31 October 1963 through 4 April 1966 and
b. adding award of the AGCM (1st Award) and NDSM to his DD Form 214.
___________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) AR20130019631
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