IN THE CASE OF: BOARD DATE: 15 August 2018 DOCKET NUMBER: AR20160018163 BOARD VOTE: _________ _______ ________ 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: 15 August 2018 DOCKET NUMBER: AR20160018163 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: a. deleting the Expert Marksmanship Qualification Badge with Rifle Bar; b. awarding him the Army Good Conduct Medal (AGCM) (1st Award) for the period 12 March 1969 through 8 January 1971; and c. adding the AGCM (1st Award), Army Commendation Medal, and Expert Marksmanship Qualification Badge with Rifle Bars (M-14 and M-16) to his DD Form 214. _________________________ 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: AR20160018163 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 show the Army Commendation Medal (ARCOM) and the Army Good Conduct Medal (AGCM). 2. The applicant states he was awarded the medals after receiving his DD Form 214. 3. The applicant provides: * DD Form 214 * ARCOM certificate * 2 Certificates of Appreciation * Unit Order Number 11 * a letter 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 12 March 1969. He completed training and he was awarded military occupational specialty 71H (Personnel Specialist). 3. His DA Form 20 (Enlisted Qualification Record) does not show award of the ARCOM or AGCM and his official military records do not contain general orders announcing award of the ARCOM or AGCM. However, his DA Form 20 shows special orders awarded him the Expert Marksmanship Qualification Badge with Rifle Bars (M-14 and M-16). 4. Item 38 (Record of Assignments) of his DA Form 20 shows he was assigned to Headquarters and Headquarters Company and Band Support Command, 1st Armored Division, on 8 September 1969. His principal duty title was Clerk Typist. He received all "excellent" conduct and efficiency ratings throughout his service. His records do not contain any derogatory information or a commander's disqualification that would have precluded him from receiving the first award of the AGCM. 5. The applicant was honorably released from active duty on 8 January 1971 in the rank/grade of specialist five/E-5. His DD Form 214 shows he was awarded or authorized the National Defense Service Medal and the Expert Marksmanship Qualification Badge with Rifle Bar. 6. The applicant provides a copy of an ARCOM certificate for meritorious service from 5 September 1969 through 8 January 1971. The certificate is signed by the Commanding General, 1st Armored Division. He further provides two Certificates of Appreciation for his honorable service throughout his service. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards), states the ARCOM may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. 2. Army Regulation 635-5 (Separation Documents), then in effect, established the standardized policy for preparing and distributing the DD Form 214. The regulation directed that the purpose of the separation document was to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement, or discharge. It was important that information entered on the form be complete and accurate and reflected the conditions as they existed at the time of separation. 3. Army Regulation 672-5-1 (Awards), in effect at the time, stated the 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. There must have been no convictions by a court-martial. DISCUSSION: 1. The ARCOM certificate the applicant provides shows he received the award in recognition of his meritorious service as a member of the 1st Armored Division. The period of service shown on the certificate corresponds to the period he was assigned to the division. Award of the ARCOM to a departing E-5 who had performed well would not have been unusual at the time. It is noted, however, that there are no orders for this award in his record. 2. The evidence of record confirms he served honorably during the period 12 March 1969 through 8 January 1971. His records do not contain a commander's disqualification that would have precluded him from being recommended for or awarded the AGCM (1st Award). He met the regulatory criteria for award of the AGCM (1st Award). 3. Special orders awarded him the Expert Marksmanship Qualification Badge with Rifle Bars (M-14 and M-16). These badges are not correctly 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) AR20160018163 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160018163 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2