RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 09 AUGUST 2005
DOCKET NUMBER: AR20040010220
I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.
| |Mr. Carl W. S. Chun | |Director |
| |Mr. Kenneth H. Aucock | |Analyst |
The following members, a quorum, were present:
| |Ms. Barbara Ellis | |Chairperson |
| |Mr. Kenneth Wright | |Member |
| |Mr. Patrick McGann | |Member |
The Board considered the following evidence:
Exhibit A - Application for correction of military records.
Exhibit B - Military Personnel Records (including advisory opinion,
if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests award of the Army Good Conduct Medal, and an
appropriate waiver of the time in service requirements for that award.
2. The applicant states that he was never awarded the Army Good Conduct
Medal upon his discharge from the enlisted ranks for the purpose of
attending officer candidate school.
3. The applicant provides a copy of an 18 July 1996 DD Form 214 (Report of
Transfer or Discharge) and a copy of a 16 September 1973 DD Form 214.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error or injustice
which occurred on 16 September 1973. The application submitted in this
case is dated 11 November 2004.
2. 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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so. In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.
3. The applicant was inducted into the Army on 20 July 1965 and was
discharged in the pay grade of E5 on 18 July 1966 in order to accept a
commission in the Army. He had 11 months and 29 days of service.
4. The applicant was commissioned a second lieutenant in the Reserve on
19 July 1966. He was released from active duty in the rank of captain
on 16 September 1973 and transferred to the Army Reserve Control
Group at St. Louis.
5. The Army Good Conduct Medal is awarded to enlisted Soldiers who
distinguish themselves by their conduct, efficiency and fidelity during a
qualifying period of active duty enlisted service. This period of the
award is for 3 years. For first award only, upon termination of military
service on or after 27 June 1950, the qualifying period of service may be
less than 3 years, but must be more than 1 year.
DISCUSSION AND CONCLUSIONS:
1. The rules concerning eligibility for award of the Army Good Conduct
Medal are explicit. An enlisted Soldier must have served more than 1 year
in the enlisted ranks upon termination of his or her military service in
order to be eligible for that award.
2. Unfortunately, the applicant did not serve in the enlisted ranks for
more than 1 year as indicated by his 18 July 1966 DD Form 214.
Consequently, he is not entitled to award of the Army Good Conduct Medal.
3. The applicant’s request for a wavier of the time period is noted;
however, he has provided no good reason why his request should be granted.
To grant his request, would be a disservice to other Soldiers in a like
situation as himself. Therefore, his request for a waiver is not granted.
4. Records show the applicant should have discovered the alleged error or
injustice now under consideration on 16 September 1973; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 15 September 1976. The applicant did not file
within the 3-year statute of limitations and has not provided a compelling
explanation or evidence to show that it would be in the interest of justice
to excuse failure to timely file in this case.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__BE____ __KW __ __PM ___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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.
2. As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law. Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.
______Barbara Ellis________
CHAIRPERSON
INDEX
|CASE ID |AR20040010220 |
|SUFFIX | |
|RECON |YYYYMMDD |
|DATE BOARDED |20050809 |
|TYPE OF DISCHARGE |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
|DATE OF DISCHARGE |YYYYMMDD |
|DISCHARGE AUTHORITY |AR . . . . . |
|DISCHARGE REASON | |
|BOARD DECISION |DENY |
|REVIEW AUTHORITY | |
|ISSUES 1. |107.00 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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