IN THE CASE OF:
BOARD DATE: 2 June 2015
DOCKET NUMBER: AR20140016908
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) and the National Defense Service Medal (NDSM).
2. The applicant states there was an omission on his DD Form 214; it does not reflect the above awards.
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 applicants 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 applicants 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 15 January 1963. After completing military training, he was awarded military occupational specialty (MOS) 13A (Field Artillery Basic). The highest rank/grade held was private first class/E-3.
3. His DA Form 20 (Enlisted Qualification Record) shows:
a. he served in Germany from 3 December 1964 to on or about 25 December 1965;
b. he was assigned to Service Battery, 2d Battalion, 39th Field Artillery Regiment, U.S. Army, Europe; and
c. he received all "excellent" conduct and efficiency ratings throughout his period of active service with the exception of a "good" efficiency rating for the period 14 December 1964 to on or about 29 December 1965.
4. On 10 January 1966, he was honorably released from active duty and transferred to the U.S. Army Reserve, by reason of "early release overseas returnee," after completing 2 years, 11 months, and 26 days of total active service. His DD Form 214 shows the following:
a. Item 24c (Foreign and/or Sea Service) - he served 1 year and 8 days in U.S. Army, Europe.
b. Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) - he was awarded or authorized the "Marksman (Rifle M-14)."
5. There are no orders or any other evidence showing he was awarded or recommended for the AGCM.
6. Army Regulation 672-5-1 (Awards), in effect at the time, stated that:
a. The AGCM 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 (emphasis added). 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 NDSM was 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 request's for correction of his DD Form 214 to show the AGCM and the NDSM was carefully considered.
2. His military service qualifies him for award of the NDSM; therefore, he is entitled to correction of his DD Form 214 to show this award.
3. Army Regulation 672-5-1, in effect at the time, stated that to be awarded the Army Good Conduct Medal a Soldier must have received all "excellent" conduct and efficiency ratings except in the case of service school efficiency. There was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and the awarding authority announced the award in general orders.
4. His record shows he received a rating of "good" in efficiency while assigned to Service Battery, 2d Battalion, 39th Field Artillery Regiment during the period of 14 December 1964 to on or about 29 December 1965. As a result, he did not meet the criteria necessary to support award of the AGCM prior to his separation.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____x___ ____x___ ____x___ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial 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 10 January 1966, by adding the National Defense Service Medal.
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to amending his DD Form 214 by adding the Army Good Conduct 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) AR20100015543
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140016908
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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