BOARD DATE: 30 March 2017 DOCKET NUMBER: AR20150016409 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: 30 March 2017 DOCKET NUMBER: AR20150016409 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 10 January 1951 through 9 January 1953 (Standard Name Line: PFC, Army Separation Unit, Sixth Army, Camp Gordon, GA); and b. adding the following awards to item 27 of 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: 30 March 2017 DOCKET NUMBER: AR20150016409 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 (Report of Separation from the Armed Forces of the Unites States) to show all of his authorized awards. 2. The applicant states, in effect, the National Defense Service Medal (NDSM) was omitted from his DD Form 214 when he was released from active duty (REFRAD) at Camp Gordon, GA, in 1953. 3. The applicant provides a copy of his DD Form 214. COUNSEL'S REQUEST, STATEMENT, AND EVIDENCE: 1. Counsel requests correction of the applicant's DD Form 214 to show all of his authorized awards. 2. Counsel states the NDSM is not recorded on the applicant's DD Form 214. 3. Counsel provides no additional documents in support of the application. 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 service records are not available to the Board for review. However, the applicant's DD Form 214 offers sufficient information and evidence for the Board to conduct a fair and impartial review of this case. 3. The applicant's DD Form 214 shows he was inducted into the U.S. Army on 10 January 1951. a. He completed training at the Signal School, Camp Gordon, GA, and was awarded military occupational specialty 1648 (Field Radio Repairman). b. He was promoted to private first class (PFC)/pay grade E-3 (temporary) on 2 September 1951. c. He was honorably REFRAD at Camp Gordon, GA, on 9 January 1953, and transferred to the Enlisted Reserve Command to complete his Reserve obligation. d. He completed 2 years of total active service during this period with no time lost. e. Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the entry, "None." REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations. The NDSM 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. 2. Army Regulation 600-65 (Service Medals), 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. A Soldier's conduct and efficiency ratings, including those pertaining to attendance at service schools, must have all been recorded as "excellent" or higher. There must have been no convictions by court-martial. 3. Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time of the applicant's separation from active duty, prescribed policies and procedures regarding separation documents. It also established standardized policy for preparing and distributing the DD Form 214. Appendix III (Instructions for Preparation and Distribution of the Armed Forces of the United States Report of Transfer or Discharge) contains guidance on the preparation of the DD Form 214. It states that all available records will be used as a basis for the preparation of the DD Form 214, including the Enlisted Qualification Record, Officer Qualification Record, and orders. The instructions show for item 27, enter decorations awarded or authorized during period covered by the DD Form 214. DISCUSSION: 1. Records show the applicant served honorably on active duty from 10 January 1951 through 9 January 1953. This service qualified him for award of the NDSM. 2. The evidence of record shows the applicant completed a 2-year period of continuous, honorable active duty enlisted service. a. There is no evidence of any misconduct, disciplinary actions, adverse information, or a commander's disqualification for the first award of the Army Good Conduct Medal (AGCM). b. He was promoted to PFC (E-3). c. This period of service qualified him for award of the AGCM (1st Award). //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150016409 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150016409 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2