IN THE CASE OF:
BOARD DATE: 4 December 2014
DOCKET NUMBER: AR20140007204
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, in effect, that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to add any awards and/or decorations he may have earned while on active duty.
2. The applicant states that while he is not aware of any specific award or decoration that may have been omitted, his Veteran Service Officer recommended he check with the Army Board for Correction of Military Records (ABCMR). He would like his DD Form 214 to be correct for historical and family reasons.
3. The applicant provides a DD Form 214, two pages from a DA Form 20 (Enlisted Qualification Record), reassignment orders, one page from an induction physical, and one page from a release from active duty physical.
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 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 was inducted into the Army of the United States on 9 February 1971, and he held military occupational specialty 76P (Stock Control and Accounting Specialist). The highest rank/grade he attained while serving on active duty was specialist four/E-4.
3. Special Orders (SO) Number 087, Headquarters, U.S. Army Training Center and Fort Campbell, on 7 April 1971, awarded him the Marksman Marksmanship Qualification Badge with the Rifle Bar (M-16).
4. Item 38 of his DA Form 20 shows he received all "excellent" conduct and efficiency ratings throughout his term of service. There is no evidence of any derogatory or disciplinary actions against him or a commander's disqualification that would have precluded him from being recommended for or awarded the first award of the Army Good Conduct Medal (AGCM).
5. A review of the Awards and Decorations Computer Assisted Retrieval System, an index of general orders issued during the Vietnam era between
1965 and 1973 maintained by the Awards and Decorations Branch of the U.S. Army Human Resources Command, did not reveal any awards pertaining to the applicant.
6. He was honorably released from active duty on 31 January 1973. He completed 1 year, 11 months, and 24 days of total active service through this period with no lost time. His DD Form 214 shows he was awarded or authorized the National Defense Service Medal.
7. Army Regulation 672-5-1 (Awards), in effect at the time stated the AGCM may be awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for 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 served honorably during the period 9 February 1971 through 31 January 1973. He completed 1 year, 11 months, and 24 days of active service with no lost time. Based upon his excellent conduct and efficiency ratings as well as the absence of any derogatory information, he appears to meet the criteria for award of the AGCM for the period 9 February 1971 through 31 January 1973. Therefore, he is entitled to award of the AGCM (1st Award) and correction of his DD Form 214 to show this award.
2. SO awarded him the Marksman Marksmanship Qualification Badge with the Rifle Bar (M-16) which is not shown on his DD Form 214. Therefore, he is entitled to correction of his DD Form 214 to show this badge.
3. Available records, as well as evidence provided by the applicant, do not support the award of any other awards or decorations.
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:
* awarding him the Army Good Conduct Medal (1st Award) for the period 9 February 1971 through 31 January 1973
* adding to his DD Form 214 the Army Good Conduct Medal (1st Award) and the Marksman Marksmanship Qualification Badge with the Rifle Bar (M-16)
___________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) AR20140007204
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140007204
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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