BOARD DATE: 9 May 2017 DOCKET NUMBER: AR20150019070 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: 9 May 2017 DOCKET NUMBER: AR20150019070 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: * awarding him the Army Good Conduct Medal (1st Award) for the period 28 July 1961 through 26 July 1963 * 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: 9 May 2017 DOCKET NUMBER: AR20150019070 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). 2. The applicant states he was presented with the Army Good Conduct Medal at Fort Hood, TX, on 26 June 1963 upon completion of his active service. However, it does not appear on his DD Form 214. Although he received a box containing this award, there were no accompanying orders or paperwork. 3. The applicant provides 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 was inducted into the Army of the United States on 28 July 1961 and he held military occupational specialty 131.10 (Armor Crewman). 3. He served with the 1st Battalion, 81st Armor, 1st Armored Division, at Fort Hood, TX. 4. He was honorably released from active duty in the rank/grade of private first class (PFC)/E-3 on 26 July 1963. His DD Form 214 shows he completed 1 year, 11 months, and 29 days of active service. He was awarded/authorized: * 1 Year Safe Driving Badge * Marksman Marksmanship Qualification Badge with Rifle Bar (M-1) * Marksman Marksmanship Qualification Badge with Pistol Bar * Sharpshooter Marksmanship Qualification Badge with Tank Weapon Bar 5. His records do not contain orders awarding him the Army Good Conduct Medal. His records also do not reveal any derogatory information in the form of lost time or court-martial conviction. 6. Section 4 (Chronological Record of Military Service) of his DA Form 24 (Service Record) shows he received "excellent" conduct and efficiency ratings throughout his active military service. 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. There are no orders in the applicant's records that show he was awarded the Army Good Conduct Medal. Notwithstanding this fact, he appears to meet the criteria for this award: * there is no record of any derogatory information in his service record * he served honorably from 28 July 1961 through 26 July 1963, completing 1 year, 11 months, and 29 days of active service * he attained the rank/grade of PFC/E-3, served a qualifying period of service, and received "excellent" conduct and efficiency ratings throughout his service 2. He served a qualifying period of service 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) AR20150019070 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150019070 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2