BOARD DATE: 5 September 2017 DOCKET NUMBER: AR20160000860 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ___x_____ __x______ __x___ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 5 September 2017 DOCKET NUMBER: AR20160000860 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial 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 7 October1960 through 21 September 1962 * adding the following awards to his DD Form 214 – * Army Good Conduct Medal (1st Award) * National Defense Service Medal * Sharpshooter Marksmanship Qualification Badge with Rifle Bar 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to his request for award of the Armed Forces Expeditionary 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: 5 September 2017 DOCKET NUMBER: AR20160000860 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 reflect award or authorization of the National Defense Service Medal, Armed Forces Expeditionary Medal, and Sharpshooter Marksmanship Qualification Badge. 2. The applicant states these awards were omitted from his DD Form 214. 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 7 October 1960. 3. His DA Form 24 (Service Record), Section 4 (Chronological Record of Military Service), shows his overseas service with U.S. Army Europe, where he served with Company A, 10th Engineer Battalion, from 16 March 1961 through 12 September 1962. 4. His DA Form 24, Section 9 (Medals, Decorations, and Citations), shows he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar on 6 December 1960 at Fort Leonard Wood, MO. 5. He was honorably released from active duty under the early release of overseas returnees provision and transferred to the U.S. Army Reserve Control Group (Annual Training), VI U.S. Army Corps, on 21 September 1962. He completed 1 year, 11 months, and 15 days of total active service during this period. 6. His DD Form 214 does not show he was awarded or authorized any decorations, medals, badges, commendations, citations, or campaign ribbons. 7. There is no evidence 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. His DA Form 24 shows his conduct and efficiency ratings as "excellent" where rated. 8. His records do not reflect his participation in any designated U.S. military operations, U.S. military operations in direct support of United Nations operations, or any U.S. military operations of assistance to a friendly foreign nation qualifying for the Armed Forces Expeditionary Medal. REFERENCES: 1. Army Regulation 672-5-1 (Decorations and Awards), in effect at the time, prescribed Army policy, criteria, and administrative instructions concerning individual and unit military awards. 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 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. Service school efficiency ratings based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 were not disqualifying. There must have been no convictions by a 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. 2. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The Armed Forces Expeditionary Medal is authorized for qualifying service after 1 July 1958 in military operations within specific geographic areas during specified time periods. An individual who was not engaged in actual combat or equally hazardous activity must have been a bona fide member of a unit participating in or be engaged in the direct support of the operation for 30 consecutive or 60 nonconsecutive days, provided this support involved entering the area of operations. b. Table 2-3 (Armed Forces Expeditionary Medal) provides a list of qualifying designated U.S. military operations, areas and dates. Table 2-4 (Armed Forces Expeditionary Medal – Designated U.S. Military Operations in Direct Support of the United Nations) provides a list of qualifying U.S. military operations in direct support of United Nations operations. Table 2-5 (Armed Forces Expeditionary Medal – Designated U.S. Military Operations of Assistance to a Friendly Foreign Nation) provides a list of qualifying U.S. military operations of assistance to a friendly foreign nation. c. 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 served honorably during the period 7 October 1960 through 21 September 1962 and received all "excellent" conduct and efficiency ratings. There is no evidence in his records of disciplinary actions or a commander's disqualification for award of the Army Good Conduct Medal. It appears he met the eligibility criteria for the first award of the Army Good Conduct Medal. 2. A portion of his honorable active service dates fall between the dates 1 January 1961 and 14 August 1974, a period for which award of the National Defense Service Medal is authorized. His DD Form 214 does not show this award. 3. His DA Form 24 reflects the Sharpshooter Marksmanship Qualification Badge with Rifle Bar was awarded to him on 6 December 1960. His DD Form 214 does not show this badge. 4. There is no evidence of record and the applicant has not provided any indicating he participated in any of the operations qualifying for award of the Armed Forces Expeditionary Medal. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160000860 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160000860 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2