IN THE CASE OF:
BOARD DATE: 9 July 2015
DOCKET NUMBER: AR20140020273
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 that he be awarded the National Defense Service Medal (NDSM) and Army Good Conduct Medal (AGCM) and that they be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge from Active Duty).
2. The applicant states he believes he is eligible for the NDSM and AGCM.
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 10 September 1962 for a period of 3 years and training as a manual central officer repairer. He completed his basic training at Fort Knox, Kentucky and his advanced individual training at Fort Gordon, Georgia and was transferred to Fort Lewis, Washington for his first assignment.
3. On 12 November 1963, he was transferred to Germany where he remained until 26 August 1965 when he was transferred to Fort Hamilton, New York and was honorably released from active duty (REFRAD) on 30 August 1965 as an early overseas returnee. He had served 2 years, 11 months and 21 days of active service and his DD Form 214 issued at the time of his REFRAD shows he was awarded the Marksman Marksmanship Badge with Rifle Bar.
4. A review of his official records shows no derogatory information that would serve to disqualify him for award of the AGCM. Additionally, he had "excellent" conduct and efficiency ratings throughout his service.
5. Army Regulation 600-8-22 (Military Awards) 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.
6. 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 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant had no derogatory information that would serve to disqualify him for award of the AGCM and he had all "excellent" conduct and efficiency ratings throughout his entire period of service. Therefore, it is reasonable to presume that the failure to award him the AGCM was simply a matter of administrative oversight.
2. Accordingly, he should be awarded the AGCM (1st Award) for the period 10 September 1962 to 30 August 1965 and it should be added to his DD Form 214.
3. The applicant also served during a qualifying period for award of the NDSM and that award should be added to his DD Form 214 as well.
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 AGCM (1st Award) for the period 10 September 1962 to 30 August 1965 and the NDSM and adding them to his DD Form 214.
_______ _ _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) AR20140020273
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ABCMR Record of Proceedings (cont) AR20140020273
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