ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 18 May 2020 DOCKET NUMBER: AR20190007767 APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Army Good Conduct Medal (AGCM). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record), dated 13 May 2019 * Headquarters, Fort Sheridan, Special Orders, dated April * DD Form 214 FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states his unit was part of the Strategic Army Corps (STRAC). No flights went out due to weather and he attempted to explain the circumstances to his unit leadership. His unit leadership refused to acknowledge his reason and he lost less than an hour of time resulting him not being awarded the AGCM. 3. The applicant's records contain sufficient evidence to support additional awards not shown on his DD Form 214 and administrative correction without Board action. His DD Form 214 will be administratively corrected to show award of the National Defense Service Medal, Marksman Marksmanship Qualification Badge with Machine Gun Bar (M-60). 4. The Board will consider his request for the award of the AGCM. 5. Headquarters, 1st Training Regiment, Special Orders, dated 26 August 1964, awarded him the 2nd Class Gunner (Marksman) Marksmanship Qualification Badge with Machine Gun Bar (M-60). 6. Headquarters, 1st Training Regiment, Special Orders, dated 28 August 1964, awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14). 7. On 20 April 1964, the applicant enlisted in the Army of the United States. 8. On 25 January 1965, he accepted nonjudicial punishment under provisions of Article 15, Uniform Code of Military Justice, for absenting himself from his unit, 2d Base Post Office, from 22 January 1965 to 23 January 1965. His punishment consisted of 14 days restriction to the company area. 9. His DA Form 20 (Enlisted Qualification Record) shows in: a. item 33 (Appointments and Reductions) – no reductions, b. item 38 (Record of Assignments) – he did not receive all "excellent" conduct and efficiency ratings, c. item 41 (Awards and Decorations) – no entries, and d. item 44 (Time Lost Under Section 972, Title 10, United States Code and Subsequent to Normal Date of Expiration of Term of Service) – 22 January 1965 to 22 January 1965, 1 day absent without leave. 10. On 20 April 1966, he was honorably released for active duty. His DD Form 214 shows he completed 2 years of total active service and in: a. item 3a (Grade, Rate or Rank) – "SP4 (T) E-4" (temporary specialist four/E-4), b. item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) – Marksman Marksmanship Qualification Badge with Rifle Bar (M-14), and c. item 33 (Remarks) – 1 day lost under Title 10, USC, section 972, from 22 January 1965 through 22 January 1965. 11. His records are void of orders awarding him the AGCM. BOARD DISCUSSION: 1. After review of the application and supporting documents, the Board determined there is sufficient evidence to grant relief. The applicant’s contentions, his military record, and regulatory guidance were carefully considered. The governing regulation provides that at separation the service member’s record will be used to enter accurate information when completing their DD Form 214. The Board determined that the evidence presented is sufficient for award of the Army Good Conduct Medal. 2. Prior to closing the case, the Board did note the analyst of record administrative notes below, and recommended the corrections be completed to more accurately depict the military service of the applicant. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : X :X :X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: In addition to the administrative notes annotated by the Analyst of Record (below the signature), 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 amending his DD Form 214 for the period ending 20 April 1966 by awarding him the Army Good Conduct Medal. 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. ADMINISTRATIVE NOTE(S): A review of the applicant's records shows he was awarded or authorized the following awards: * National Defense Service Medal * Marksman Marksmanship Qualification Badge with Machine Gun Bar (M-60) REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three years after discovery of the alleged error or injustice. This provision of law also allows the (ABCMR to excuse an applicant's failure to timely file within the three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. 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. 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. 3. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. The National Defense Service Medal is awarded for honorable active service for the following periods: a. 27 June 1950 and 27 July 1954 (Korea), b. 1 January 1961 and 14 August 1974 (Vietnam). c. 2 August 1990 and 30 November 1995 (Persian Gulf), and d. 11 September 2001 to a date to be determined (Global War on Terrorism). //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20190007767 4 1