BOARD DATE: 2 November 2017 DOCKET NUMBER: AR20160004488 BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 ::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: 2 November 2017 DOCKET NUMBER: AR20160004488 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 award of the Army Good Conduct Medal and National Defense Service Medal. 2. The applicant states when he returned from overseas, there were problems at Fort Hamilton, NY, when he was separated. 3. The applicant provides no additional evidence. 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 26 June 1959. He held military occupational specialty 552.10 (Petroleum Storage Specialist). 3. He arrived in Korea on 25 November 1959 and he was assigned to the 13th Transportation Company (Light Helicopter) on 27 November 1959. He departed Korea on 10 December 1960 and arrived at Travis Air Force Base, CA, on 12 December 1960. On 15 January 1961, he was assigned to the 524th Quartermaster Company, Fort Leonard Wood, MO. He departed Fort Leonard Wood enroute to U.S. Army Europe (USAREUR) on 9 October 1961 and he was assigned to the 524th Quartermaster Company (Petroleum Depot) on 18 October 1961 (France). He departed USAREUR on 5 June 1962 and arrived in the continental United States on or about 14 June 1962. 4. On 14 June 1962, the applicant was honorably released from active duty in the rank/grade of specialist four (SP4)/E-4 and transferred to the U.S. Army Reserve Control Group (Reinforcement). 5. His DD Form 214 shows he completed 2 years, 11 months, and 19 days of total active service with 1 year, 8 months, and 28 days of foreign service. Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) reflects “none.” 6. Section 4 (Chronological Record of Military Service) of his DA Form 24 (Service Record) shows he received all "excellent" conduct and efficiency ratings. Section 9 (Medals, Decorations, and Citations) does not reflect award of the Army Good Conduct Medal, but does show he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar and Marksman Marksmanship Qualification Badge with Rifle Bar (Carbine). 7. His records show no derogatory information that would disqualify him for the first award of the Army Good Conduct Medal. REFERENCES: 1. Army Regulation (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; 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. 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. AR 600-8-22 (Military Awards) states: a. 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. b. The Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea. The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense. 3. AR 635-5 (Separation Documents), in effect at the time, established the standardized policy for preparing and distributing the DD Form 214. Appendix 3 contained guidance for preparation of the DD Form 214. The instructions for item 26 stated to enter all decorations, etc., awarded or authorized during the period covered by the DD Form 214, from section 9 of the DA Form 24. DISCUSSION: 1. The applicant appears to have met the criteria for award of the Army Good Conduct Medal (1st Award) in that he completed 2 years, 11 months, and 19 days of active service, attained the rank/grade of SP4/E-4, and received all “excellent” conduct and efficiency ratings throughout his service. This award is not shown on his DD Form 214. 2. The applicant served in the Army during a qualifying period of service for award of the National Defense Service Medal and he served in Korea during a qualifying period of service for award of the Korea Defense Service Medal. These awards are not listed on his DD Form 214. 3. He was awarded the following marksmanship badges that are not listed on his DD Form 214: * Marksman Marksmanship Qualification Badge with Rifle Bar * Marksman Marksmanship Qualification Badge with Rifle Bar (Carbine) //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20160004488 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160004488 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2