BOARD DATE: 10 February 2015
DOCKET NUMBER: AR20140010971
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 Army Good Conduct Medal (AGCM) and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show this award.
2. The applicant states he was not awarded or issued the AGCM. He believes this was overlooked and that he is entitled to the decoration and would like his records to reflect his honorable service.
3. The applicant provides no additional evidence in support of his request.
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 enlisted in the Regular Army on 2 August 1963. He completed initial entry training and was awarded military occupational specialty (MOS) 111.00 (Light Weapons Infantryman). He was later reclassified into MOS 31H (Artillery Communications Chief). The highest rank/grade he attained during his period of active service was sergeant/E-5.
3. On 1 August 1966, he was honorably released from active duty and transferred to the U.S. Army Reserve after completing 3 years of active service. The DD Form 214 he was issued shows he was awarded the Armed Forces Expeditionary Medal, National Defense Service Medal, and Parachutist Badge.
4. There is no evidence in his available record that shows he was awarded the Army Good Conduct Medal. Item 38 (Record of Assignments) of his DA Form
20 shows he received "Excellent" conduct and efficiency ratings throughout his service, with the exception of one Good (A) efficiency rating he received during a period of academic attendance. There is no evidence of a commander's disqualification for the award. Additionally, there is no evidence of any convictions by courts-martial or nonjudicial punishment under Article 15, Uniform Code of Military Justice (UCMJ).
5. Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active federal military service completed on or after 27 August 1940; for 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. Ratings of Unknown for portions of the period under consideration were not disqualifying. Service school efficiency ratings based upon academic proficiency of at least Good rendered subsequent to 22 November 1955 were not disqualifying. There must have been no convictions by a court-martial. However, there is no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.
6. His record indicates he is entitled to an additional award that is not shown on his DD Form 214.
7. Special Orders Number 81, Headquarters, 82d Airborne Division, Fort Bragg, NC, dated 9 April 1965, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant served honorably on active duty, from 2 August 1963 through 1 August 1966. He received "Excellent" conduct and efficiency ratings throughout his military service, with the exception of one Good (A) rating in which he was in attendance at a service school. His record is void of any disciplinary or derogatory actions during his period of service, and there is no evidence of a commander's disqualification statement pertaining to his first award of the Army Good Conduct Medal. Therefore, it would be appropriate to award him the Army Good Conduct Medal (1st Award), for the period 2 August 1963 through 1 August 1966, and to correct his DD Form 214 to show this award.
2. Special orders awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16). This marksmanship award is not shown on his DD Form 214; therefore, it would be appropriate to correct his DD Form 214 to show it.
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 Army Good Conduct Medal (1st Award) for the period 2 August 1963 through 1 August 1966; and
b. adding to his DD Form 214 the Army Good Conduct Medal (1st Award) and the Sharpshooter Marksmanship Qualification Badge with 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) AR20100017975
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20140010971
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2010 | 20100022305
Section 2 (Chronological Record of Military Service) of his DA Form 24 (Service Record) shows he received "excellent" conduct ratings throughout his service. Records show he participated in three campaigns during his service in the RVN; therefore, he is entitled to correction of his DD Form 214 to show three bronze service stars to be affixed to his previously-awarded Vietnam Service Medal. Awarding him the Army Good Conduct Medal (1st Award) for the period 12 September 1963 through 15...
ARMY | BCMR | CY2014 | 20140000887
Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualifying period of active duty enlisted service. There is no evidence of record nor did he submit any evidence that shows he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-14 and M-16). As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him...
ARMY | BCMR | CY2011 | 20110016998
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show awards of the: * Army Good Conduct Medal * Vietnam Service Medal with two or three bronze service stars * Republic of Vietnam Campaign Medal with Device (1960) * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) *...
ARMY | BCMR | CY2008 | 20080012047
The applicant requests correction of his records to show all marksmanship badges and unit citations. The evidence of record shows that the applicant served a qualifying period for award of the National Defense Service Medal which is not shown on his records; therefore, he is entitled to correction of his records to show this award. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding the applicant the Good...
ARMY | BCMR | CY2011 | 20110003562
Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal is awarded to individuals who completed a qualifying period of active duty enlisted service. The instructions show for: (1) item 26 enter decorations awarded or authorized during the period covered by the DD Form 214, omitting authorities cited therein; (2) item 27 enter chronologically each wound received as the result of enemy action during the period covered by the DD Form 214...
ARMY | BCMR | CY2011 | 20110020431
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to add the following awards: * Purple Heart from the Republic of Vietnam (RVN) in 1966 * the Combat Infantryman Badge with Star (2nd Award) for the Dominican Republic (DR) and RVN * RVN Campaign Medal with Device (1960) * Army Good Conduct Medal 2. The applicant requests correction of his DD Form 214 to show: * two awards of the Purple Heart * two awards of the Combat...
ARMY | BCMR | CY2012 | 20120010265
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show all of his authorized awards. The applicant requests award of the Army Good Conduct Medal and correction of his DD Form 214 to show all of his authorized awards. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Army Good Conduct Medal (1st Award) for the period 25 June 1963...
ARMY | BCMR | CY2013 | 20130007312
His DA Form 24 (Service Record) shows in: * Section 1 (Appointments, Promotions, or Reductions), he was promoted to sergeant (SGT)/E-5 effective 9 October 1965 * Section 2 (Chronological Record of Military Service) * where recorded, he received "excellent" conduct and efficiency ratings * on 16 September 1965, he was assigned to duty in Vietnam with Company A, 2nd Battalion, 12th Cavalry, 1st Cavalry Division * Section 5 (Service Outside Continental United States), he departed the United...
ARMY | BCMR | CY2011 | 20110019525
The applicant provides: * DD Forms 214 for the periods ending 7 June 1963 and 13 September 1968 * Letter from the National Personnel Records Center * Citation for award of the Bronze Star Medal * DA Form 20 (Enlisted Qualification Record) * DA Form 24 (Service Record) CONSIDERATION OF EVIDENCE: 1. He was awarded the Vietnam Service Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * Deleting from his DD Form 214...
ARMY | BCMR | CY2015 | 20150001993
His records are void of a commander's disqualification that would have prevented him from being recommended for or awarded the first award of the Army Good Conduct Medal for his period of honorable service from 12 June 1963 through 22 April 1966. The Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973. As a...