BOARD DATE: 14 September 2017 DOCKET NUMBER: AR20160002310 BOARD VOTE: ____x_____ ____x___ ____x____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 14 September 2017 DOCKET NUMBER: AR20160002310 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is 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 Army Good Conduct Medal (1st Award) for the period 23 February 1962 through 11 February 1965 (Standard Name Line: SP4, Battery B, 1st Howitzer Battalion, 22nd Artillery, 7th U.S. Army); and b. adding the following awards to his DD Form 214: * Army Good Conduct Medal (1st Award) * National Defense Service Medal * Sharpshooter Marksmanship Qualification Badge with Submachine Gun and Pistol Bars _______________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. BOARD DATE: 14 September 2017 DOCKET NUMBER: AR20160002310 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 all of his authorized awards. 2. The applicant states the National Defense Service Medal was omitted from his DD Form 214. He also states that he is authorized the Cold War Recognition Medal (i.e., Certificate). 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 23 February 1962 for a period of 3 years. 3. His DA Form 20 (Enlisted Qualification Record), in pertinent part, shows in: * item 28 (Qualification in Arms) – * M-1 Rifle, Marksman, 29 March 1962 * Submachine Gun (unspecified), Sharpshooter, 22 June 1962 * M-14 Rifle, Marksman, 22 July 1964 * M-60 Machine Gun, [Familiarization Score], 1 August 1964 * item 29 (Foreign Service), he served in Germany from 17 July 1962 through 2 February 1965 * item 32 (Classification in Military Occupational Specialties): 13A, Field Artillery, Basic 4. His DA Form 24 (Service Record), in pertinent part, shows in: * section 1 (Appointments, Promotions, or Reductions) – * private, E-1; 23 February 1962 * private, E-2; 23 June 1962 * private first class, E-3; 16 November 1962 * specialist four (SP4), E-4; 23 July 1964 * section 2 (Chronological Record of Military Service), he received all "excellent" conduct and efficiency ratings throughout his military service * section 9 (Medals, Decorations, and Citations) he was awarded the – * Marksman Marksmanship Qualification Badge with Rifle (M-1) Bar per Headquarters, 1st Training Brigade, Fort Ord, CA, Special Order Number 69, paragraph 3, dated 6 April 1962 * Marksman Marksmanship Qualification Badge with Rifle (M-14) Bar per Headquarters, 1st Howitzer Battalion, 22nd Artillery (Germany), Special Order Number 21, paragraph 5, dated 6 October 1962 * Sharpshooter Marksmanship Qualification Badge with Pistol (.45 caliber) Bar per Headquarters, Battery B, 1st Howitzer Battalion, 22nd Artillery (Germany), Special Order Number 121, paragraph 27 5. A DA Form 2627 (Summarized Record of Proceedings Under Article 15, UCMJ (Uniform Code of Military Justice)) shows he received nonjudicial punishment (NJP) for violation of Article 91, UCMJ, for being disrespectful in language toward a superior noncommissioned officer on 11 May 1963. The punishment imposed was 14 days of restriction and 14 days of extra duty. 6. The applicant's DD Form 214 shows he was honorably released from active duty on 11 February 1965 and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his Reserve service obligation. He had completed 2 years, 11 months, and 19 days of total active service during this period that included 2 years, 6 months, and 25 days of foreign service. It also shows in: * item 12 (Last Duty Assignment and Major Command): Battery B, 1st Howitzer Battalion, 22nd Artillery, 7th U.S. Army * item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized): Marksman Marksmanship Qualification Badge with Rifle (M-14) Bar 7. A review of the applicant's military personnel records failed to reveal copies of any award orders or a commander's recommendation for award of the Army Good Conduct Medal (AGCM). This review also failed to reveal evidence of any other disciplinary actions or adverse information. 8. The applicant has requested award of the Cold War Recognition (Medal) Certificate. The Cold War Recognition Certificate is not governed by the provisions of Army Regulation 600-8-22 (Military Awards) and, as a result, is not shown on a discharge document. The Secretary of Defense approved awarding the Cold War Recognition Certificate to all members of the armed forces and qualified federal government civilian personnel who faithfully and honorably served the United States anytime during the Cold War era, which is defined as 2 September 1945 to 26 December 1991. The applicant may submit a request in writing to Commander, U.S. Army Human Resources Command, Cold War Recognition, Attention: AHRC-CWRS, 1600 Spearhead Division Avenue, Fort Knox, KY 40122. Based on this information, the applicant's request for the Cold War Recognition Certificate will not be discussed any further in this Record of Proceedings. REFERENCES: 1. Army Regulation 600-65 (Service Medals), in effect act the time, shows that 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. A Soldier's conduct and efficiency ratings must have all been recorded as "excellent" or higher, except that ratings of "unknown" for portions of the period under consideration and service school efficiency ratings of less than "excellent" entered prior to 3 March 1946, would not be disqualifying. There must have been no convictions by 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. 2. Army Regulation 600-8-22 provides policy, criteria, and administrative instructions concerning military awards and decorations. 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. DISCUSSION: 1. The evidence of record shows the applicant: * served a qualifying period of honorable active service during a period of eligibility for which the National Defense Service Medal was authorized * was awarded the – * Marksman Marksmanship Qualification Badge with Rifle Bar * Sharpshooter Marksmanship Qualification Badge with Pistol Bar * qualified for the Sharpshooter Marksmanship Qualification Badge with Submachinegun Bar 2. The applicant served a period of continuous, honorable active duty enlisted service from 23 February 1962 through 11 February 1965. a. There is no evidence of a commander's recommendation for the first award of the AGCM. b. He received summarized NJP for violation of the UCMJ on one occasion. There is no other evidence of disciplinary actions or adverse information. c. He was promoted to SP4 (E-4) subsequent to imposition of the NJP and he received all "excellent" conduct and efficiency ratings during his service. d. Nothing in the available evidence would preclude awarding him the AGCM (1st Award) for his exemplary behavior, efficiency, and fidelity. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160002310 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160002310 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2