BOARD DATE: 21 September 2017 DOCKET NUMBER: AR20160004778 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: 21 September 2017 DOCKET NUMBER: AR20160004778 BOARD DETERMINATION/RECOMMENDATION: USE THE FOLLOWING PARAGRAPH TO GRANT RELIEF. 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 14 April 1961 through 13 April 1964 and b. adding the following awards to his DD Form 214: * Army Good Conduct Medal (1st Award) * National 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. BOARD DATE: 21 September 2017 DOCKET NUMBER: AR20160004778 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 of Discharge) to show award of the: * Army Good Conduct Medal * National Defense Service Medal 2. The applicant states he earned the medals for his service, but they were not annotated on his DD Form 214 upon his discharge. 3. The applicant provides a copy of his DD Form 214 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 14 April 1961 for a period of 3 years. 3. Headquarters, 4th Training Regiment (Basic Combat Training), U.S. Army Training Center, Armor, Fort Knox, KY, Special Orders Number 91, dated 27 May 1961, awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-1). 4. Headquarters, 78th Engineer Battalion, Germany, Special Orders Number 206, dated 5 October 1962, awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14). 5. He served in Germany from 5 June 1962 to 31 August 1963. 6. Section 4 (Chronological Record of Military Service) of his DA Form 24 shows he received "excellent" conduct and efficiency ratings throughout his service with the exception of "unknown" ratings for the period 22 March 1964 through 12 April 1964. 7. His military records are void of any evidence showing he was recommended for or awarded the Army Good Conduct Medal. 8. His records are void of a commander's disqualification that would have precluded him from being recommended for or awarded the first award of the Army Good Conduct Medal for his honorable service from 14 April 1961 through 13 April 1964. 9. On 13 April 1964, he was honorably released from active duty due to completion of required active service and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining service obligation. He completed 3 years of active duty service during this period. His DD Form 214 shows he was awarded or authorized the: * Marksman Marksmanship Qualification Badge with Rifle Bar (M-1) * Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) REFERENCES: 1. 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 the 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. There must have been no convictions by a court-martial. 2. 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. DISCUSSION: 1. He served honorably during the period 14 April 1961 through 13 April 1964. He received "excellent" conduct and efficiency ratings throughout his service with the exception of "unknown" ratings for the period 22 March 1964 through 12 April 1964. His records do not contain a commander's disqualification statement. It appears he met the eligibility criteria for award of the Army Good Conduct Medal. This award is not listed on his DD Form 214. 2. He met the eligibility criteria for award of the National Defense Service Medal. This award is not listed on his DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160004778 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160004778 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2