IN THE CASE OF:	  

		BOARD DATE:	  22 July 2010

		DOCKET NUMBER:  AR20100000841 


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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show he was awarded the Army Good Conduct Medal (AGCM) and the National Defense Service Medal (NDSM).

2.  The applicant states that the governing Army regulation provided for him to be awarded these medals.

3.  The applicant provides 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’s military records show that he enlisted in the Regular Army on 26 January 1962 and he was awarded the military occupational specialty of military policeman.  He served in Okinawa, and he was promoted to pay grade 
E-4.

3.  He was honorably released from active duty on 12 January 1965 and transferred to the United States Army Reserve.

4.  His DA Form 24 (Service Record) shows his conduct and efficiency were rated as "Excellent."

5.  The applicant's military records do not contain any evidence of disciplinary action being taken against him.

6.  Army Regulation 600-8-22 (Military Awards) provides that the AGCM 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 Federal military service.  A record of punishment is not automatically disqualifying.  However, at that time, a single efficiency rating of less than "excellent" was disqualifying.  

7.  Army Regulation 600-8-22 also provides that the NDSM is awarded for honorable active service for any period between 1 January 1961 through 
14 August 1974.

DISCUSSION AND CONCLUSIONS:

1.  The applicant served honorably during a period which authorized the NDSM.  As such, he is entitled to this medal.

2.  Since the applicant's conduct and efficiency were rated as "excellent" and there is no evidence of disciplinary action being taken against him it would appear that his failure to be awarded the AGCM was an administrative oversight.  It would be appropriate to now award him the AGCM.


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 him the AGCM for the period 26 January 1962 to 12 January 1965; and 

   b.  adding the AGCM and the NDSM 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)                                         AR20100000841



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ABCMR Record of Proceedings (cont)                                         AR20100000841


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