IN THE CASE OF:  	  

		BOARD DATE:  26 May 2015	  

		DOCKET NUMBER:  AR20140016748


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 all awards he is authorized as a result of his active duty service.

2.  The applicant states he is authorized awards and decorations that are not recorded on his DD Form 214.

3.  The applicant provides a copy of his DD Form 214.

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 30 July 1960.  After completing the training requirements he was awarded military occupational specialty 911.10 (Medical Specialist).  The highest rank/grade held was specialist four/E-4. 

3.  His DA Form 24 (Service Record) shows:

a. he served in Germany from on or about 24 February 1961 to 
26 September 1963; 

	b.  he was assigned to Headquarters and Headquarters Company, 1st Battle Group, 15th Infantry Regiment, Army Post Office 139 (Germany), U.S. Forces; and

	c.  he received all "excellent" conduct and efficiency ratings throughout his period of active service, with the exception of a "good" conduct and efficiency rating for the period 1 February to 25 June 1963. 

4.  Special Court-Martial Order Number 30 issued by Headquarters, U.S. Army Personnel Center, Fort Dix, NJ on 23 January 1961, shows he was convicted of being AWOL from on or about 17 December 1960 to 5 January 1961.  

5.  On 6 August 1962, he accepted nonjudicial under the provisions of Article 15, Uniform Code of Military Justice (UCMJ), for being absent without proper authority on 5 August 1962.  

6.  Special Court-Martial Order Number 95 issued by Headquarters, 1st Battle Group, 15th Infantry Regiment, dated 3 September 1962, shows he was convicted of the following:

* Charge I of Article 86 of the UCMJ; specifically, for being AWOL from on or about 24 August to 1 September 1962
* Charge II of Article 92 of the UCMJ; specifically, for disobeying a lawful order from his commanding officer by not securing his weapon in the arms room and keeping it in his possession on or about 29 August 1962

7.  On 26 September 1963, he was honorably released from active duty, in the rank/grade of specialist/E-4, and transferred to the U.S. Army Reserve after completing 2 years, 11 months, and 25 days of total active service with 64 days of lost time.  He completed 2 years, 6 months, and 22 days of foreign and/or sea service and he was awarded or authorized the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).

8.  There are no orders or any other evidence that shows he was awarded or recommended for the Army Good Conduct Medal.

9.  Army Regulation 672-5-1 (Awards), in effect at the time, stated:

   a.  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 was 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.

     b.  The National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, both dates inclusive, or after 31 December 1960, and before a terminal date to be announced.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request for correction of his DD Form 214 to show all awards he is authorized was carefully considered. 

2.  His military service qualifies him for award of the National Defense Service Medal; therefore, he is entitled to correction of his DD Form 214 to add this award.  A complete review of his records reveals this is the only award or decoration he is eligible to receive at this time.

3.  He does not meet the criteria necessary to be awarded the Army Good Conduct Medal, since his record shows he received a "good" rating in both conduct and efficiency while assigned to HHC, 1st Battle Group, 15th Infantry Regiment, during the period between 1 February and 25 June 1963.  

4.  Army Regulation 672-5-1, in effect at the time, stated that to be favorably considered for the Army Good Conduct Medal, a Soldier must have received all "excellent" conduct and efficiency ratings except in the case of service school efficiency.  As a result, he did not meet the Army Good Conduct Medal award criteria.

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 amending his DD Form 214 for the period ending 26 September 1963 by adding the 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)                                         AR20140005106



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ABCMR Record of Proceedings (cont)                                         AR20140016748



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