IN THE CASE OF:	  

		BOARD DATE:	       5 March 2009

		DOCKET NUMBER:  AR20080017473 


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 that the Good Conduct Medal be added to his DD Form 214 (Report of Separation from Active Duty). 

2.  The applicant states that the Good Conduct Medal was awarded to him at Fort Ord, California. 

3.  The applicant provides, in support of his application, a copy of his DD Form 214.

 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 12 July 1974, completed training as a field communications electronic equipment mechanic and was stationed at Fort Ord, California.

3.  He progressed rapidly and was promoted to specialist five, pay grade E-5, on 29 June 1976.  There is no discreditable information of record.  His enlisted evaluation reports indicate he was an outstanding Soldier.  There are no orders awarding him the Good Conduct Medal in the available records.

4.  On 11 July 1977 the applicant was separated with an honorable characterization of service and transferred to the United States Army Reserve Control Group (Reinforcement).  His DD Form 214 lists his authorized awards as the National Defense Service Medal and the Expert Marksmanship Qualification Badge with Rifle Bar.  

5.  Army Regulation 600-8-22 provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying 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.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  Current practice requires that the commander provide written notice of nonfavorable consideration and permits the individual to respond.  At that time, nonfavorable consideration was normally noted on the DA Form 2-1 (Personnel Qualification Record).

DISCUSSION AND CONCLUSIONS:

1.   The applicant requests that the Good Conduct Medal be added to his DD Form 214. 

2.  The applicant distinguished himself by his conduct, efficiency and fidelity during a qualifying period of active duty enlisted service as evidenced by his enlisted evaluation reports, offense free behavior and promotion to pay grade
E-5.  

3.  Although the applicant stated he was awarded the Army Good Conduct Medal, the orders are not available.  Therefore, it would be appropriate to now award him the Good Conduct Medal and it should be shown on his DD Form 214.


BOARD VOTE:

____X___  ___X___  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was 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 awarding him the Good Conduct Medal for the period from 12 July 1974 through 11 July 1977 and showing it as an authorized award on his DD Form 214.

      _______ _   _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)                                         AR20080017473



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ABCMR Record of Proceedings (cont)                                         AR20080017473



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