IN THE CASE OF: BOARD DATE: 22 August 2018 DOCKET NUMBER: AR20160017206 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 IN THE CASE OF: BOARD DATE: 22 August 2018 DOCKET NUMBER: AR20160017206 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: a. awarding him the Army Good Conduct Medal (1st Award) for the period 24 July 1961 through 23 July 1964; b. deleting the Expert Badge (Rifle) from item 26 of his DD Form 214; and c. adding the following awards to item 26 of his DD Form 214: * Army Good Conduct Medal (1st Award) * National Defense Service Medal * Expert Marksmanship Qualification Badge with Rifle Bar (M-1) and (M-14) 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 award of the Army Service Ribbon. _________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: 22 August 2018 DOCKET NUMBER: AR20160017206 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 (AGCM) * National Defense Service Medal (NDSM) * Army Service Ribbon (ASR) 2. The applicant states: a. He served during the required dates, 1961 through 1974, to earn the AGCM and NDSM. b. The ASR may be awarded retroactively since he completed the required training before 1 August 1981. c. His honorable service during wartime should be recognized. 3. The applicant provides: * Honorable Discharge Certificate * Airborne Course Certificate * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) 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 24 July 1961 for a period of 3 years. 3. He provided a copy of his Airborne Course Certificate, dated 2 March 1962, showing he completed the course. 4. Item 28 (Qualification in Arms) of his DA Form 20 (Enlisted Qualification Record) shows award of the Expert Marksmanship Qualification Badge with Rifle Bar (M-1) and (M-14). 5. His DA Form 24 (Service Record) shows in: a. Section 4 (Chronological Record of Military Service), he received "excellent" conduct and efficiency rantings except for an "unknown" rating during his 1-month assignment for the period 4 February 1962 to 3 March 1962 to the 42d Company (Airborne), 4th Student Battalion, Fort Benning, GA, and b. Section 10 (Remarks), he was found qualified for reenlistment. 6. On 23 July 1964, he was honorably released from active duty. His DD Form 214 shows he completed 3 years of total active service and he was awarded the Parachutists Badge and Expert Marksmanship Qualification Badge with Rifle Bar. 7. He a copy of his Honorable Discharge Certificate from the U.S. Army Reserve, dated 30 June 1967. 8. His record is void of any disciplinary actions or a commander's disqualification for award of the Army Good Conduct Medal. 9. His records are also void of any evidence he had an active Army status on or after 1 August 1981. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity. This period is 3 years except in those cases when the period for the first award ends with the termination of a period of active Federal military service. Although there is no automatic entitlement to the AGCM, disqualification must be justified. b. The NDSM 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. c. The ASR was established by the Secretary of the Army on 10 April 1981. Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for this award upon successful completion of initial entry training. The ASR may be awarded retroactively to those personnel who completed the required training before 1 August 1981 provided they had an Active Army status on or after 1 August 1981. 2. Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal (AGCM) 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, 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. DISCUSSION: 1. The applicant served honorably during the period 24 July 1961 through 23 July 1964 for a total of 3 years and his record is void of disciplinary actions or a commander's disqualification for the first award of the AGCM. 2. The applicant served a qualifying period of service for award of the NDSM. 3. The ASR may be awarded retroactively to those personnel who completed the required training before 1 August 1981 provided they had an Active Army status on or after 1 August 1981. However, his records are void of any evidence he had an active Army status on or after 1 August 1981. 4. He was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-1) and this badge is not listed on his DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160017206 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160017206 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2