IN THE CASE OF: BOARD DATE: 13 April 2017 DOCKET NUMBER: AR20150017658 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 IN THE CASE OF: BOARD DATE: 13 April 2017 DOCKET NUMBER: AR20150017658 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 the Army Good Conduct Medal (1st Award) for the period 5 October 1962 through 4 October 1965. b. Amending item 26 of his DD Form 214, ending on 4 October 1965, to show the Army Good Conduct Medal (1st Award) and the 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. IN THE CASE OF: BOARD DATE: 13 April 2017 DOCKET NUMBER: AR20150017658 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 the Army Good Conduct Medal (1st Award) and the National Defense Service Medal. 2. The applicant states, in effect, these awards were omitted from his DD Form 214, for the period ending 4 October 1965. 3. The applicant provides his DD Form 214, ending 4 October 1965. 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 5 October 1962. He held military occupational specialty 11D (Armor Intelligence Specialist). 3. A review of his available service record did not reveal any derogatory information. Additionally, the following forms were found: a. DA Form 20 (Enlisted Qualification Record), reflecting, in item 29 (Foreign Service), that he served in Germany from on, or about, 21 February 1963 to 14 September 1965. b. DA Form 24 (Service Record). * Section 2 (Chronological Record of Military Service) reflects all "Excellent" ratings for conduct and efficiency * Section 9 (Medals, Decorations, and Citations) does not show either the Army Good Conduct Medal (1st Award) or the National Defense Service Medal 4. He was honorably released from active duty on 4 October 1965 due to reaching the expiration of his term of service. His DD Form 214 shows he completed 3 years of net active creditable service. Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) lists the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-1), and Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60). REFERENCES: 1. Army Regulation (AR) 600-8-22 (Military Awards) states the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 to 27 July 1954, 1 January 1961 to 14 August 1974 (emphasis added), 2 August 1990 to 30 November 1995, and 11 September 2001 and a date to be determined. 2. AR 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. The first award, only, is authorized for award upon termination of service of less than 3 years but for more than 1 year, when performed on or after 27 June 1950. The enlisted person must have had all "Excellent" conduct and efficiency ratings, and there must have been no convictions by a court-martial. DISCUSSION: The applicant requests correction of his DD Form 214 to show the Army Good Conduct Medal (1st Award) and the National Defense Service Medal. He appears to meet criteria for both awards. a. Regarding the National Defense Service Medal, he served honorably within the eligibility period of 1 January 1961 to 14 August 1974. b. As to the Army Good Conduct Medal (1st Award): * his conduct and efficiency ratings were "Excellent" throughout his term of active service * his available service record contained no derogatory information * he had no court-martial convictions //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150017658 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150017658 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2