IN THE CASE OF:
BOARD DATE: 22 January 2015
DOCKET NUMBER: AR20140009296
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 award of the Army Good Conduct Medal.
2. The applicant states, in effect, the Army Good Conduct Medal is not recorded on his DD Form 214.
3. The applicant provides a copy of Headquarters, 3d Infantry Division, General Orders Number 100, dated 30 June 1964.
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 28 July 1961.
3. Headquarters, 3d Infantry Division, General Orders Number 100, dated 30 June 1964, awarded him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity for the period 28 July 1961 to his projected date of separation on or about 27 July 1964.
4. On 10 July 1964, the applicant was honorably released from active duty. He completed 2 years, 11 months, and 13 days of creditable active service. His DD Form 214 shows he was awarded or authorized the Expert Marksmanship Qualification Badge with Rifle Bar (M-1).
5. Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations. It 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.
DISCUSSION AND CONCLUSIONS:
1. General orders awarded the applicant the Army Good Conduct Medal (1st Award) for the period 28 July 1961 to his projected date of separation on or about 27 July 1964. Therefore, he is entitled to correction of his DD Form 214 to show this award.
2. The applicant served a qualifying period for award of the National Defense Service Medal; therefore, he is entitled to correction of his DD Form 214 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 adding the following to his DD Form 214:
* Army Good Conduct Medal (1st Award)
* National Defense Service Medal
____________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) AR20140009296
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ABCMR Record of Proceedings (cont) AR20140009296
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