IN THE CASE OF:	  

		BOARD DATE:	  	  9 December 2008

		DOCKET NUMBER:  AR20080014931 


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, in effect that he be considered for award of the Good Conduct Medal (GCM).

2.  The applicant states, in effect that he was overlooked for award of the GCM.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) in support of his application.

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's military service records show he was inducted into the Army of the United States on 14 September 1965 and upon completion of basic combat training and advanced individual training, he was awarded military occupational specialty (MOS) 05C (Radio Teletype Operator).  The applicant's military service records show the highest grade he held during this enlistment was sergeant (SGT)/pay grade E-5. 

3.  Section 38 (Record of Assignments) of the applicant’s DA Form 20 (Enlisted Qualification Record) shows his conduct was rated as “good” and his efficiency was rated as “excellent” during his period of service from 3 December 1965 through 27 January 1966 while he was assigned to the 1st Engineer Battalion Training Brigade, Fort Lewis, Washington.  

4.  Item 44 (Time Lost Under Section 972, Title 10, United States Code and Subsequent to Normal Dates) shows he was absent without official leave (AWOL) from 28 December to 28 December 1965 incurring 1 day of lost time.

5.  The applicant's DD Form 214 dated 14 September 1967 shows he was honorably released from active duty and transferred to the United States Army Reserve.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the National Defense Service Medal, the Parachutist Badge, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  Item 26 (Non-Pay Period Time Lost) shows that he had 1 day of lost time.  The GCM is not listed as an authorized award.

6.  Army Regulation 672-5-1, in effect at the time, provides that the Good Conduct Medal is awarded to individuals who have completed a qualified period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  The enlisted person must have had all “excellent” conduct and efficiency ratings and no convictions by a court-martial.  Ratings of "Unknown" for portions of the period under consideration are not disqualifying.  Service and efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 are not disqualifying.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he should be awarded the GCM was carefully considered and found to be without merit.

2.  The available evidence confirms the applicant's record contained derogatory information that would disqualify him from award of the GCM (1st award).  Therefore, it would be appropriate deny award of the GCM based on his conduct being rated as good and his 1 day of lost time.

BOARD VOTE:

____ ____  ___ ____  ___ ____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X____  ____X____  ____X____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned to show award of the GCM.



      __________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.

ABCMR Record of Proceedings (cont)                                         AR20080014931



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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