IN THE CASE OF: BOARD DATE: 15 August 2018 DOCKET NUMBER: AR20160011871 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____x___ ___x____ ___x____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 15 August 2018 DOCKET NUMBER: AR20160011871 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. __________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: 15 August 2018 DOCKET NUMBER: AR20160011871 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), for the period ending on 23 August 1963, to show the Army Good Conduct Medal and an unspecified European service medal. 2. The applicant states at the time of his discharge he was not awarded the Army Good Conduct Medal and an unspecified European service medal. These medals were neither issued to him nor added to his 1963 DD Form 214. Correcting this DD Form 214 is the right thing to do. 3. The applicant provides his 1963 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 enlisted in the Idaho Army National Guard (IDARNG) on 22 January 1960. He entered on active duty training (ACDUTRA) on 12 February 1960. He completed training and was awarded military occupational specialty (MOS) 620 (Engineer Equipment Maintenance Helper). 3. He was honorably released from ACDUTRA on 11 August 1960 and he was reverted back to the IDARNG. His DD Form 214 shows he completed 6 months of active duty. His DD Form 214 shows he was awarded or authorized the Marksman Marksmanship Qualification Badge with Rifle Bar (M-1). 4. He enlisted in the Regular Army on 29 August 1960 and he held MOS 141.60 (Light and Medium Field Artillery Crewman). 5. His DA Form 24 (Service Record), for the period from 29 August 1960 to 28 August 1963, shows in: * Section I (Appointments, Promotions, and Reductions) – he was promoted to the rank/grade of corporal/E-4 (temporary) on 3 August 1962 * Section 4 (Chronological Record of Military Service) – he received: * "excellent" conduct and efficiency ratings from 29 September to 29 November 1960 * "good" conduct and efficiency ratings from 30 November 1960 to 23 February 1963 * "excellent" conduct and efficiency ratings from 24 February to 19 August 1963 * Section 5 (Service Outside Continental United States) – he served in Germany from 28 November 1960 to 7 July 1963, where he was assigned to Battery A, 2nd Howitzer Battalion, 3rd Artillery * Section 9 (Medals, Decorations, and Citations) – the Gunner Expert Badge with Artillery Bar, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), and Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) 6. He was honorably released from active duty on 23 August 1963 and was transferred to the U.S. Army Reserve. His DD Form 214 shows he completed 2 years, 11 months, and 25 days of net active service this period. His DD Form 214 also show in: * Item 24c (Foreign And/Or Sea Service) – 2 years, 7 months, and 10 days and the entry "USAREUR" (U.S. Army Europe) * Item 26 (Decorations, Medal, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) – the Marksman Marksmanship Qualification Badge with Rifle Bar and Gunner Expert Qualification Badge with Artillery Bar 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) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. The regulation states the: a. European-African-Middle Eastern Campaign Medal is awarded for service within the European-African-Middle Eastern Theater between 7 December 1941 and 8 November 1945. b. Asiatic-Pacific Campaign Medal is awarded for service with the Asiatic-Pacific Theater between 7 December 1941 and 2 March 1946. c. American Campaign Medal is awarded for service within the American Theater between 7 December 1941 and 2 March 1946, based, but within the American theater of operations or service within the continental United States for an aggregate period of 1 year. DISCUSSION: 1. The evidence of record shows the applicant received "good" conduct and efficiency ratings from 30 November 1960 to 23 February 1963, during his period of service in Germany. His records contain no evidence he was awarded or authorized by the Army Good Conduct Medal by proper authority during his period of active duty from August 1960 to August 1963. 2. By regulation, in order to award the Army Good Conduct Medal, the enlisted person must have had all “excellent” conduct and efficiency ratings during their period of service. Only service school efficiency ratings based upon academic proficiency of at least “Good" were not disqualifying. 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. There is also no evidence of record and he provided none showing he completed a qualifying period of service for any European service medal during his period of active duty from August 1960 to August 1963. //NOTHING FOLLOWS// ABCMR Record of Proceedings Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160011871 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160011871 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2