IN THE CASE OF:
BOARD DATE: 4 November 2014
DOCKET NUMBER: AR20140005906
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 (Armed Forces of the United States Report of Transfer or Discharge) to show the Army Good Conduct Medal (AGCM).
2. He states he was awarded the AGCM 3 weeks prior to being released from active duty (REFRAD).
3. He provides:
* DD Form 214
* page one of his DA Form 24 (Service Record)
* page 4 of his DA Form 20 (Enlisted Qualification Record)
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 8 October 1963, the applicant was inducted into the Army of the United States.
3. On 8 September 1965, Headquarters, 3d Battalion, 17th Artillery, issued General Orders Number 54 awarding him the AGCM (1st Award) for the period 8 October 1963 to his date of separation on or about 7 October 1965.
4. On 1 October 1965, he was honorably REFRAD after completing 1 year, 11 months, and 24 days of total active service. His DD Form 214 shows he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar.
5. Review of his record indicates he is entitled to an additional award that is not listed on his DD Form 214.
6. Army Regulation 600-8-22 (Military Awards) states the National Defense Service Medal (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:
The applicant was awarded the AGCM (1st Award) by general orders and he served on active duty during a period of eligibility for the NDSM. He is entitled to correction of his DD Form 214 to show these awards.
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 adding to his DD Form 214 the AGCM (1st Award) and the NDSM.
_____________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) AR20140005906
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ABCMR Record of Proceedings (cont) AR20140005906
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