RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 13 October 2005
DOCKET NUMBER: AR20050001399
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. David S. Griffin
Analyst
The following members, a quorum, were present:
Mr. Ted S. Kanamine
Chairperson
Mr. Patrick H. McGann
Member
Ms. Carol A. Kornhoff
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 the award of the Special Forces Tab be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 14 March 1972.
2. The applicant states, in effect, that the award was not authorized at the time of his release from active duty.
3. The applicant provides a copy of Department of the Army, United States Army John F. Kennedy Special Warfare Center and School, Fort Bragg, North Carolina Permanent Orders 236-1, dated 23 August 2004. These orders announce the award of the Special Forces Tab to the applicant for a date of service of
27 November 1970.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error which occurred
on 14 March 1972, the date he was released from active duty. The application submitted in this case is dated 16 January 2005.
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 applicants failure to timely file.
3. The applicant's military records show that he enlisted on 20 October 1969 for a period of 3 years. He successfully completed basic combat and advanced individual training and was awarded the military occupational specialty 05B4S (radio operator).
4. On 14 March 1972, the applicant was released from active duty due to Phasedown Release Programs. He had completed 2 years, 4 months and
25 days of active service that was characterized as honorable.
5. A review of the applicant's records shows that he is entitled to additional awards, which he did not request and are not listed on his DD Form 214.
6. There is no evidence the applicant received the first award of the Good Conduct Medal. There also is no evidence the applicant was disqualified by his chain of command from receiving the Army Good Conduct Medal. Records do not show indiscipline or lost time. His records do not contain any adverse information and he received conduct and efficiency ratings of excellent throughout his service.
7. The applicant's military service records do not contain orders for the award of the Army Good Conduct Medal.
8. Army Regulation 600-8-22 states, in pertinent part that the Army 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. After 27 June 1950 to the present time, the current standard for award of the Army Good Conduct Medal is 3 years of qualifying service, but as little as one year is required for the first award in those cases when the period of service ends with the termination of Federal military service. Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that award of the Special Forces Tab should be added to his DD Form 214.
2. The applicant is entitled to award of the Special Forces Tab.
3. In the absence of evidence showing disqualification, the applicant is entitled to the first award of the Army Good Conduct Medal based on completion of qualifying service from 20 October 1969 to 14 March 1972 ending with termination of a period of Federal military service.
BOARD VOTE:
___cak__ ___phm__ ___tsk___ 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:
a. award of the Special Forces Tab; and
b. award of the Army Good Conduct Medal for the period of service from
20 October 1969 to 14 March 1972.
__________Ted S. Kanamine______
CHAIRPERSON
INDEX
CASE ID
AR20050001399
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
20051013
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .
DISCHARGE REASON
BOARD DECISION
GRANT
REVIEW AUTHORITY
ISSUES 1.
2.
3.
4.
5.
6.
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