RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 8 May 2007
DOCKET NUMBER: AR20060015803
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
Mrs. Victoria A. Donaldson
Analyst
The following members, a quorum, were present:
Ms. Linda D. Simmons
Chairperson
Mr. Jerome L. Pionk
Member
Mr. Eddie L. Smoot
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 Commendation Medal and the Good Conduct Medal.
2. The applicant states that he received the medals but they are not shown on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
3. The applicant provides a Letter of Commendation and a photograph in support of this application.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error or injustice which occurred on 18 August 1967, the date of his transfer to the United States Army Reserve. The application submitted in this case is dated 19 October 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 requested correction of his records to show award of the Army Commendation Medal. There are no orders or other evidence that the applicant was authorized this award. In the absence of authority for this award, the applicant may request award of the Army Commendation Medal under the provisions of Section 1130 of Title 10, United States Code. The applicant has been notified by separate correspondence of the procedures for applying for this award under Section 1130 and, as a result, it will not be discussed further in this Record of Proceedings.
4. Records show that the applicant was inducted into the Army of the United States on 22 October 1965. He completed basic training and advanced individual training and was awarded military occupational specialty 45G (Turret Maintenance).
5. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 does not show award of the Army Good Conduct Medal.
6. Item 41 (Awards and Decorations) of the applicant's DA Form 20 (Enlisted Qualification Record) does not show award of the Army Good Conduct Medal. Item 38 (Record of Assignments) of this form shows that the applicant's received ratings of "Excellent" throughout his military service.
7. A review of the applicant's service record shows no derogatory information that would disqualify him for the first award of the Good Conduct Medal.
8. Army Regulation 672-5-1, in effect at the time, provides that the Good Conduct Medal is awarded to individuals who have completed a qualified 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. The enlisted person must have had all excellent conduct and efficiency ratings and no convictions by a court-martial. Ratings of "Unknown" for portions of the period under consideration are not disqualifying. Service and efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 are not disqualifying.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that he is entitled to award of the Good Conduct Medal was carefully considered and determined to have merit.
2. Evidence of record confirms that the applicant served honorably during the period 22 October 1965 through 18 August 1967. Lacking any derogatory information on file that would have disqualified him, it would be appropriate to award the applicant the first award of the Good Conduct Medal based on completion of qualifying service ending with termination of a period of Federal military service. Therefore, he is entitled to correction of his records to show award of the Good Conduct Medal.
3. Records show the applicant should have discovered the alleged error or injustice now under consideration on 18 August 1967; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 17 August 1970. The applicant did not file within the 3-year statute of limitations; however, based on the available evidence, it would be in the interest of justice to excuse failure to timely file in this case.
BOARD VOTE:
_JLP__ __ _ELS___ __LDS___ 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 award of the Good Conduct Medal.
____Linda D. Simmons__
CHAIRPERSON
INDEX
CASE ID
AR
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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