RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 16 August 2005
DOCKET NUMBER: AR20040010359
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 |
| |Ms. Maria C. Sanchez | |Analyst |
The following members, a quorum, were present:
| |Mr. Melvin H. Meyer | |Chairperson |
| |Mr. John Meixell | |Member |
| |Mr. James Gunlicks | |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, in effect, that his DD Form 214 (Armed Forces
of the United States Report of Transfer or Discharge), be amended to show
all appropriate awards and decorations authorized.
2. The applicant states, in effect, that the awards were not issued and
documented at the time of his separation.
3. The applicant does not provide any documentation in support of his
application.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error which
occurred on 24 November 1972, the date of his separation. The application
submitted in this case is dated 14 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 25 February 1971. After
completion of basic and advanced individual training, he was awarded
military occupational specialty (MOS) 76A10 (Supplyman). Records show that
he served at Fort Huachuca, Arizona, and with the 3rd Armored Division in
Germany. The applicant was honorably discharged on 24 November 1972 with
1 year and 9 months of total active service.
4. The applicant's DD Form 214 with an effective date of 24 November 1972
shows that he was awarded the National Defense Service Medal and the
Sharpshooter Marksmanship Qualification Badge for qualifying on the M-16
Rifle.
5. The applicant's DA Form 20 (Enlisted Qualification Record) and his DD
Form 214 does not list award of the Good Conduct Medal.
6. Item 38 (Record of Assignments) of the applicant's DA Form 20 shows his
conduct and efficiency ratings as "Excellent" during the period 8 March
1971 through 23 November 1972.
7. Army Regulation 600-8-22 (Military Awards) 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his records should be corrected to show all
the awards and decorations to which he is entitled.
2. The applicant distinguished himself by his conduct and efficiency as
evidenced by his ratings. Therefore, the applicant should be awarded the
first award of the Good Conduct Medal based on completion of qualifying
service from 25 February 1971 to 24 November 1972 ending with termination
of a period of Federal military service.
3. There is no evidence of record or other authority which shows the
applicant is entitled to any additional awards, decorations, service medals
or unit citations.
BOARD VOTE:
___mm__ ___jg __ ____jm__ 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 and to excuse failure to timely file. As a
result, the Board recommends that all Department of the Army records of the
individual concerned be corrected by showing he was awarded the first award
of the Good Conduct Medal for the period 25 February 1971 to 24 November
1972.
_____Melvin H. Meyer_____
CHAIRPERSON
INDEX
|CASE ID |AR20040010359 |
|SUFFIX | |
|RECON |YYYYMMDD |
|DATE BOARDED |2005/08/16 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |GRANT |
|REVIEW AUTHORITY |Mr. Schneider |
|ISSUES 1. 46 |107.0000 |
|2. 102 |107.0056 |
|3. | |
|4. | |
|5. | |
|6. | |
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