BOARD DATE: 18 April 2017 DOCKET NUMBER: AR20150017941 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: 18 April 2017 DOCKET NUMBER: AR20150017941 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: * deleting the date of birth shown in item 6 of the applicant's DD Form 214 and adding the date of birth shown on his Induction Record * awarding him the Army Good Conduct Medal (1st Award) for the period 6 May 1960 through 14 May 1962 * adding to his DD Form 214 the Army Good Conduct Medal (1st Award) and 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: 18 April 2017 DOCKET NUMBER: AR20150017941 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 his date of birth (DOB) as 3 XXX 1936 vice 1 XXX 1936, and award of the Army Good Conduct Medal. 2. The applicant states his birthday is on the 3rd of the month, not the 1st as shown on his DD Form 214. He also received an Army Good Conduct Medal before separation but it is not reflected in the record. 3. The applicant provides his birth certificate. 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 was inducted into the Army of the United States on 6 May 1960. His DD Form 47 (Record of Induction) listed his DOB as 1 XXX 1936. 3. He completed training and was awarded military occupational specialty (MOS) 310.00 (Field Communications Crewman). 4. His DA Form 20 (Enlisted Qualification Record) which was created upon his entry on active duty listed his DOB as 3 XXX 1936. 5. Following completion of MOS training, he was assigned to the 1st Battalion, 50th Infantry, Fort Hood, TX. 6. He was honorably released from active duty in the rank/grade of specialist four (SP4)/E-4 on 14 May 1962. His DD Form 214 shows he completed 2 years and 9 days of active service and he was fully eligible to reenlist. It also shows in: * Item 6 (DOB), 1 XXX 36 * Item 26 (Decorations, Medals, Badges, Commendations and Campaign Ribbons Awarded or Authorized), the Sharpshooter Marksmanship Qualification Badge with Rifle Bar 7. His record does not show he was awarded the Army Good Conduct Medal. Additionally, his record shows no derogatory information that would disqualify him for the first award of the Army Good Conduct Medal. 8. Section 4 (Chronological Record of Military Service) of his DA Form 24 (Service Record) shows he received "excellent" conduct and efficiency ratings throughout his military service. 9. He provides a birth certificate showing he was born on 3 XXX 1936. REFERENCES: 1. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The regulation directs that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service. It is important that information entered on the form should be complete and accurate. 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 pertinent to attendance at service schools, must have all been recorded as "excellent" or higher. 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. 3. 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. The applicant listed his DOB as 3 XXX 1936 upon his induction into the Army of the United States. For unknown reasons, when his DD Form 47 was created his DOB was incorrectly listed as 1 XXX 1936. The error was carried forward when his DD Form 214 was processed. 2. There are no orders in the applicant's records that show he was awarded the Army Good Conduct Medal. However, he met the criteria for this award because: * there is no derogatory information in his service record * he served honorably from 6 May 1960 through 14 May 1962, completing 2 years and 9 days of active service * he attained the rank/grade of SP4/E-4, served a qualifying period of service, and received "excellent" conduct and efficiency ratings throughout his service 3. He served a qualifying period of service for award of the National Defense Service Medal, which 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) AR20150017941 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150017941 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2