IN THE CASE OF: BOARD DATE: 4 April 2023 DOCKET NUMBER: AR20220007983 APPLICANT REQUESTS: to be awarded the Army Good Conduct Medal (1st Award), National Defense Service Medal, Korea Defense Service Medal, and Expert Marksmanship Rifle Badge with Rifle Bar. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Supplemental Statement * Extract of Title 10, U.S. Code. section 972 FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10, U.S. Code, 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 there were administrative errors at the time of his separation and processing of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). Additionally, there has been a change in the law. His DD Form 214 shows 1 day lost (not more than one day without proper authority) per Title 10. U.S. Code, section 972 (10 USC section 972). He was not awarded the Army Good Conduct Medal despite having completed 3 years of active service and not having any nonjudicial punishment or derogatory information. Although there was 1 day of lost time, upon review of the totality of his service, he believes his service met the requirements for award of the Good Conduct Medal. 3. Review of the applicant’s service records shows: a. He enlisted in the Regular Army on 15 June 1962. He held military occupational specialty 293.60, Radio Relay Carrier Operator. b. Special Orders Number 160, issued by Headquarters, 3rd Training Brigade, U.S. Army Training Center, Fort Knox, KY on 6 August 1962, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-1). c. He served in Korea from 31 October 1962 to 1 December 1963. d. Upon completion of his Korea tour, he was reassigned to Fort Bragg, NC. Special Orders Number 33, issued by Headquarters, 36th Signal Battalion, Fort Bragg, NC on 26 February 1964, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14) e. His DA Form 24 (Service Record) shows the following entries: * Section 2 (Chronological Record of Military Service) he received excellent conduct and efficiency ratings throughout his service * Section 6 (Time Lost Under Section 6(a) APP 26 MCM 51 and Subsequent to Normal date ETS) from 21 July 1964 to 21 July 1964, 1 day, confined by civil authorities * Section 9 (Medals, Decorations and Citations) list the Sharpshooter Marksmanship Qualification badge with Rifle Bar (M-1) * Section 10 (Remarks) Not Eligible for Reenlistment, RE Code 3B f. He was honorably released from active duty on 15 June 1965. His DD Form 214 shows he completed 3 years of active service. It also shows in: * Block 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) None * Block (Remarks) the entry “1 day lost under 10 USC 972 from 21-21 Jul 64” 4. By regulation (AR 635-5) time lost under Title 10, U.S. Code, section 972, is not creditable service for pay, retirement, or veterans' benefits; however the Army preserves a record of it (even after it has been made up) to explain which service between the date of entry on active duty and the date of separation is creditable service. BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was partially warranted. The applicant’s contentions, the military record, and regulatory guidance were carefully considered. a. The evidence of record shows the applicant served on active duty from 15 June 1962 to 15 June 1965, a qualifying period for award of the National Defense Service Medal. Additionally, he served in Korea from 31 October 1962 to 1 December 1963, a qualifying service for award of the Korea Defense Service Medal. Furthermore, orders awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-1). b. The evidence of record shows the applicant served on active duty from 15 June 1962 to 15 June 1965, a period of 3 years. Although he received excellent conduct and efficiency ratings, his continuous active service was interrupted by 1 day of list time on 21 July 1964, thus disqualifying him from receiving the Army Food Conduct Medal. Confinement is considered time lost. Time lost under Title 10, U.S. Code, section 972, is not creditable service for pay, retirement, or veterans' benefits; however the Army preserves a record of it (even after it has been made up) to explain which service between the date of entry on active duty and the date of separation is creditable service. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF :X :X :X GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION 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 adding to his DD Form 214 the National Defense Service Medal, Korea Defense Service Medal, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-1). ? 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 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. REFERENCES: 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 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. 2. Army Regulation 600-8-22 (Military Awards) states: a. The Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea. The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense. b. The National Defense Service Medal 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. 3. Army Regulation 600-65 (Service Medals), 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. A Soldier's conduct and efficiency ratings, including those pertinent to attendance at service schools, must have all been recorded as “excellent” or higher, except that ratings of “Unknown” for portions of the period under consideration, and service school efficiency (emphasis in the original) ratings of less than “excellent” entered prior to 3 March 1946, would not be disqualifying. There must have been no convictions by 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. 4. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty and provides the individual with documentary evidence of their military service. The regulation requires that the dates of time lost during the current enlistment will be entered on the DD Form 214. For enlisted personnel, the inclusive periods of time lost to be made good under Title 10, U.S. Code, section 972, and periods of non-inclusive time after ETS will be entered. Lost time under Title 10, U.S. Code, section 972 is not creditable service for pay, retirement, or veteran’s benefits; however, the Army preserves a record of it (even after it has been made up) to explain which service between the date of entry on active duty and the date of separation is creditable service. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220007983 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1