BOARD DATE: 5 January 2016 DOCKET NUMBER: AR20150005729 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 Good Conduct Medal. 2. The applicant states that at the time of his release from active duty on 12 June 1964, the 50th Signal Battalion, to which he was assigned, was actively engaged in Operation Desert Strike being held in the Mohave Desert in Arizona. He was left behind with a few others also being released from active duty. All commanders and supervisors had departed for Operation Desert Strike. No one in authority was left to recommend him for the Good Conduct Medal. He also states that no person who has ever served in the U.S. military deserved a Good Conduct Medal more than him. Poor conduct concerning him was never a matter of question by his superiors. He was never the subject of an Article 15 (Uniform Code of Military Justice) or any type of discipline, to include verbal. 3. The applicant provides copies of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and his DA Form 24 (Service Record). 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 12 June 1961, completed training, and was awarded the military occupational specialty 293.17 (Radio Relay and Carrier Operator). He also completed basic airborne training in 1961 with award of the Parachutist Badge. 3. His DA Form 24 shows – * advancement to specialist 4 (SP4) (E-4) * conduct and efficiency ratings of "excellent" except for a "good" efficiency rating during what appears to be time as a student * award of the Expert Marksmanship Qualification Badge with Rifle Bar on both the M-1 Rifle and the M-14 Rifle * he was eligible for reenlistment 4. He was honorably released from active duty on 12 June 1964 with 3 years and 1 day of creditable service for this period. His DD Form 214 lists his rank as SP4 and his awards as only the Parachutist Badge. 5. The applicant's record contains no derogatory entries, disciplinary actions, nonjudicial punishments, or court-martials that would suggest he was considered not eligible for award of the Good Conduct Medal. 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. 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. 7. Army Regulation 600-8-22 (Military Awards) provides that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995, and 11 September 2001 to a date to be determined. DISCUSSION AND CONCLUSIONS: 1. The applicant is shown to have distinguished himself, during his first enlistment, 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 would be appropriate to award the applicant the Good Conduct Medal for his period of service from 12 June 1961 through 11 June 1964. 2. The applicant was eligible for award of the National Defense Service Medal. 3. The applicant's award of the Expert Marksmanship Badge with Rifle Bar was omitted from his 12 June 1964 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 Good Conduct Medal for the period 12 June 1961 through 11 June 1964 and b. showing on his 12 June 1964 DD Form 214 that his authorized awards include the Army Good Conduct Medal, National Defense Service Medal, and the Expert Marksmanship Badge with Rifle Bar. _______ _ 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) AR20150005729 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150005729 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1