IN THE CASE OF: BOARD DATE: 30 May 2018 DOCKET NUMBER: AR20160015032 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 IN THE CASE OF: BOARD DATE: 30 May 2018 DOCKET NUMBER: AR20160015032 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 6 January 1964 to 5 January 1966 * 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. IN THE CASE OF: BOARD DATE: 30 May 2018 DOCKET NUMBER: AR20160015032 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 the National Defense Service Medal. 2. The applicant states he served honorably for 2 years during the Vietnam War and has only recently become aware that only one year of honorable service was needed for award of the Good Conduct Medal. 3. The applicant provides – * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) * Honorable Discharge 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. On 6 January 1964, the applicant was inducted into the Army of the United States. He completed training with award of the military occupational specialty 95B (Military Policeman). 3. The applicant's military personnel file contains no orders for any awards, decorations, or commendations. 4. His DA Form 20 (Enlisted Qualification Record) shows – * separation in pay grade E-4 * no foreign service * assignment to 543rd Military Police Company, Fort Knox, KY * conduct and efficiency marks of “excellent” 5. The applicant was honorably released from active duty on 5 January 1966 having served on active duty for 2 years. His DD Form 214 lists his awards the Sharpshooter Marksmanship Qualification Badge with Pistol Bar and the Marksman Marksmanship Qualification Badge with Rifle Bar. 6. On 31 December 1969, the applicant was honorably discharged from the U.S. Army Reserve. 7. The applicant's record contains no derogatory entries, disciplinary actions, nonjudicial punishments, or court-martials that would suggest he was considered ineligible for award of the Good Conduct Medal REFERENCES: 1. Army Regulation 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 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. There must have been no convictions by a court-martial. Current practice requires that the commander provide written notice of nonfavorable consideration and permits the individual to respond. At that time, a disqualification was normally noted on the DA Form 20. 2. Army Regulation 600–8–22 (Military Awards) states the National Defense Service Medal is awarded for honorable active service for any period between – * 27 June 1950 and 27 July 1954 (Korea), both dates inclusive. * 1 January 1961 and 14 August 1974 (Vietnam), both dates inclusive. * 2 August 1990 and 30 November 1995 (Persian Gulf). * 11 September 2001 to a date to be determined (Global War on Terrorism). DISCUSSION: 1. The applicant distinguished himself by his conduct, efficiency and fidelity as evidenced by his conduct and efficiency ratings and his advancement to pay grade E-4. The record contains no indication of any disqualifying incidents or recommendations. The evidence indicates he met the criteria for award of the Army Good Conduct Medal. 2. The applicant served honorably during a period for which the National Defense Service Medal is authorized. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160015032 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160015032 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2