IN THE CASE OF:
BOARD DATE: 9 July 2015
DOCKET NUMBER: AR20140020819
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.
2. The applicant states, in effect, he had no "demerits" and qualifies for award of the Army Good Conduct Medal. He was previously told that it was a waste of time to try and do anything.
3. The applicant provides copies of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), a DA Form 1811 (Physical and Mental Status on Release from Active Service), and a National Personnel Records Center awards letter.
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 served on active duty from 13 August 1963 through 14 July 1965.
3. His DA Form 24 (Service Record) shows
* advancement to specialist four (E-4) on 9 February 1965
* award of the military occupational specialty 522.10 (Plumber)
* service in Korea from 19 July 1964 through 13 July 1965
* service in Korea with Company C, 802nd Engineer Battalion
* conduct and efficiency ratings of "excellent"
* award of the Sharpshooter Marksmanship Qualification Badge with Rifle Bar
4. His DD Form 214 lists his awards as the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.
5. The applicant's record contains no derogatory entries, disciplinary actions, nonjudicial punishments, or courts-martial that would suggest he was considered not eligible for award of the Army Good Conduct Medal.
6. Army Regulation 600-8-22 (Military Awards) states:
a. The Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service. This period is 3 years except in those cases when the period for the first award ends with the termination of a period of active Federal military service of less than 3 years but more than 1 year. A record of punishment is not automatically disqualifying. However, at that time, a single efficiency rating of less than excellent was disqualifying. Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified. Current practice requires that the commander provide written notice of nonfavorable consideration and permits the individual to respond. At that time, a disqualification was normally noted on the DA Form 24.
b. The National Defense Service Medal is awarded for honorable active service for any period between 27 June 1950 and 27 July 1954, both dates inclusive; between 1 January 1961 and 14 August 1974, both dates inclusive; between 2 August 1990 and 30 November 1995; and from 11 September 2001 to a date to be determined.
c. The Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea from 28 July 1954 to a date to be determined by the Secretary of Defense. Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive or for 60 nonconsecutive days.
DISCUSSION AND CONCLUSIONS:
1. The applicant distinguished himself by his conduct, efficiency and fidelity as evidenced by his conduct and efficiency ratings and his advancement to pay grade E-4. The record contains no indication of any disqualifying incidents or recommendations. It is appropriate to award him the Army Good Conduct Medal (1st Award) for his period of service from 13 August 1963 through 14 July 1965 and add it to his DD Form 214.
2. He served during a period for which the National Defense Service Medal was authorized. It is appropriate to add the National Defense Service Medal to his DD Form 214.
3. He served during a period for which the Korea Defense Service Medal was authorized. It is appropriate to add the Korea Defense Service Medal to his DD Form 214.
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:
a. awarding the applicant the Army Good Conduct Medal (1st Award) for the period 13 August 1963 through 14 July 1965 and
b. showing on his DD Form 214 his authorized awards also include the
* Army Good Conduct Medal (1st Award)
* National Defense Service Medal
* Korea 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) AR20140020819
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ABCMR Record of Proceedings (cont) AR20140020819
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