RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 22 March 2007
DOCKET NUMBER: AR20060012231
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. Gerard W. Schwartz
Acting Director
Ms. Antoinette Farley
Analyst
The following members, a quorum, were present:
Mrs. Linda D. Simmons
Chairperson
Mr. John T. Meixell
Member
Mr. Ronald S. Venable
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 correction of her DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 8 August 1968, to show award of the Army Commendation Medal, the Good Conduct Medal, and any other "domestic awards."
2. The applicant states that she was awarded the Army Commendation Medal on 7 August 1968 which was left off of her DD Form 214. The applicant also requests she be awarded the Good Conduct Medal which is not indicated on her DD Form 214.
3. The applicant provides copies of her DD Form 214 and a Certificate of award for the Army Commendation Medal in support of this application.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of alleged errors which occurred on 8 August 1968, the date of her separation from the Army. The application submitted in this case is dated 17 August 2006.
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 enlisted in the Regular Army on 9 August 1965. The applicant completed basic combat training and advanced individual training (AIT) and was awarded military occupational specialty 71C2O (Stenographer). The applicant's record shows she was honorably discharged from active duty on 8 August 1968. Records show the applicant served with Company C, Special Troops, Fort Knox, Kentucky during the period 3 July 1967 through 12 June 1968.
4. Item 24 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 does not show she was awarded the Army Commendation Medal or the Good Conduct Medal.
5. The applicant's DA Form 20 (Enlisted Qualification Record) does not show she was authorized award of the Army Commendation Medal or the Good Conduct Medal. There are no orders in the applicant's service personnel records which shows she was awarded the Army Commendation Medal or the Good Conduct Medal.
6. The applicant submitted a certificate for award of the Army Commendation Medal. This certificate shows that the applicant was awarded the Army Commendation Medal for outstanding performance of duty while serving as Secretary-Stenographer, Operations and Service Division, Office of the Assistant Chief of Staff, G1 United States Army Armor Center, Fort Knox, Kentucky, from July 1967 to August 1968. This certificate was authenticated by the major general in command of the U.S. Army and the Secretary of the Army.
7. Army Regulation 600-8-22 (Military Awards) provides that the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement or meritorious service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.
8. The applicant's military service records do not contain any orders showing award of the Good Conduct Medal. However, 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. The applicant's military service record contains no derogatory information.
9. Review of the applicant's records does not indicate entitlement to any additional awards and decorations that are not shown on her DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that her records should be corrected to show award of the Army Commendation Medal and the Good Conduct Medal.
2. Evidence of records shows that the Certificate for award of the Army Commendation Medal was authenticated by appropriate military officials. The evidence is sufficient to show the applicant was awarded the Army Commendation Medal. As a result, the applicant is entitled to correction of her records to show award of the Army Commendation Medal.
3. The applicant contends that she is entitled to award of the Good Conduct Medal.
4. There is no evidence the applicant received the first award of the Good Conduct Medal. The applicant's records show no acts of indiscipline and she distinguished herself by her conduct and efficiency ratings of "excellent." There also is no evidence the applicant was disqualified by her chain of command from receiving the Good Conduct Medal. The applicant is entitled to the first award of the Good Conduct Medal based on completion of a period of qualifying service of less than three years, but more than one year, ending with the termination of a period of Federal military service. Therefore, her records should be corrected to show this award.
5. There is no evidence in the available records which shows the applicant is entitled to additional awards not shown on her DD Form 214. Therefore, her contention that she is entitled to additional "domestic" awards is without merit.
6. Records show the applicant should have discovered the alleged error or injustice now under consideration on 8 August 1968; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 7 August 1971. However, based on the evidence which warrants correction of the applicant's records, it would be in the interest of justice to excuse the failure to timely file.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
_JTM___ _LDS___ __RSV___ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial 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 on her DD Form 214 with an effective separation date of 8 August 1968 be corrected by showing she was awarded the Army Commendation Medal for outstanding performance of duty from July 1967 to August 1968 and the first award of the Good Conduct Medal for the period 9 August 1965 through
8 August 1968.
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to additional awards.
_Linda D. Simmons__
CHAIRPERSON
INDEX
CASE ID
AR20060012231
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .
DISCHARGE REASON
BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY
ISSUES 1.
2.
3.
4.
5.
6.
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