RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  23 August 2007
	DOCKET NUMBER:  AR20070004285 


	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.  


Ms. Catherine C. Mitrano

Director

Mr. Mohammed R. Elhaj

Analyst


The following members, a quorum, were present:


Mr. Lester Echols

Chairperson

Mr. Richard T. Dunbar

Member

Mr. John T. Meixell

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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Army Good Conduct Medal (10th Award).

2.  The applicant states, in effect, that he served 30 years and 6 months of active federal service.  He further states that his DD Form 214 does not reflect his 10th award which should have been completed prior to his separation. 

3.  The applicant provides a copy of his DD Form 214 dated 30 September 2002 and a copy of his DD Form 214 dated 2 April 1973 in support of his application.

CONSIDERATION OF EVIDENCE:

1.  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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's records show that he enlisted in the Regular Army on 1 June 1971 and that he was awarded military occupational specialty (MOS) 71B (Clerk Typist).  The form further shows that the applicant was honorably discharged and transferred to U.S. Army Reserve Control Group on 2 April 1973.  The DD Form 214 he was issued confirms he completed a total of 1 year, 10 months, and 2 days of creditable active military service.

3.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 dated 2 April 1973 does not show award of the Army Good Conduct Medal.

4.  After a 9-month break in service, the applicant enlisted in the Regular Army on 14 January 1974 and had a series of continuous reenlistments before he was honorably retired from the Army, in the grade of sergeant major/pay grade E-9 on 
30 September 2002.  The DD Form 214 he was issued on 30 September 2002 confirms he completed 28 years, 8 months, and 17 days of creditable service for that period, and 30 years, 6 months, and 19 days of total creditable service.

5.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 dated 30 September 2002 shows, in addition to other awards, the applicant was awarded the Army Good Conduct Medal (9th Award).

6.  Item 9 (Awards, Decorations and campaigns) of the applicant's DA Form 2-1 (Personnel Qualification Record) shows, in addition to other awards, that the applicant was awarded the Army Good Conduct Medal (9th Award).

7.  The applicant's records show that he was awarded the Army Good Conduct Medal throughout his career as follows:

	Award		Orders/Date		Period of service		

	1st		Not available 	14 January 1974-13 January 1977

	2nd		088-04/3 Nov 77	14 January 1977-13 January 1980

	3rd		023-43/3 Feb 83	14 January 1980-13 January 1983

	4th		127-2/18 Oct 88	14 January 1983-13 January 1986

	5th 		5-10/10 Jan 89	14 January 1986-13 January 1989

	6th		Not Available		14 January 1989-13 January 1992

	7th		12-16/12 Jan 95	14 January 1992-13 January 1995

	8th		Not Available		14 January 1995-13 January 1998

	9th		072-67/26 Feb 01	14 January 1998-13 January 2001

8.  Army Regulation (AR) 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 [emphasis added].  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 contends that he is entitled to award of the Army Good Conduct Medal (10th Award).

2.  The applicant served honorably and well from 1 June 1971 through 2 April 1973.  This was his first period of service and AR 672-5-1, in effect at the time, specified that the qualifying period of service "...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 applicant should have received his first award of the Army Good Conduct Medal for this period of service.

3.  Following his break in service and reenlistment on 14 January 1974, the applicant was awarded an Army Good Conduct Medal for the 3-year period 14 January 1974-13 January 1977.  This was erroneously labeled his first award when it should have been his second award.  All other awards of the Army Good Conduct Medal were subsequently mislabeled by one number (e.g., award number 3 was labeled number 2, award number 10 was labeled number 9).

4.  Since this Army Good Conduct Medal should have been awarded upon his honorable discharge on 2 April 1973 and since he was awarded 9 awards of the Good Conduct Medal in subsequent years, it is therefore appropriate to make this award the applicant's 10th Award of the Army Good Conduct Medal.

BOARD VOTE:

__le____  __rtd___  __jtm___  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.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  Issuing orders authorizing him the tenth award of the Army Good Conduct Medal for his initial period of service from 1 June 1971 through 2 April 1973 and adding a statement to the effect "THIS AWARD IS AUTHORIZED OUT OF THE NORMAL ISSUING SEQUENCE BY ORDER OF THE SECRETARY OF THE ARMY IAW ABCMR PROCEEDINGS NUMBER AR20070004285, DATED 21 AUGUST 2007; and

	b.  Issuing him a DD Form 215 (Correction to DD Form 214) deleting the ARMY GOOD CONDUCT MEDAL (9TH AWARD) and adding ARMY GOOD CONDUCT MEDAL (10TH AWARD).



							Lester Echols
______________________
          CHAIRPERSON




INDEX

CASE ID
AR20070004285
SUFFIX

RECON

DATE BOARDED
20070823
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
(GRANT)
REVIEW AUTHORITY

ISSUES         1.
107.0056
2.

3.

4.

5.

6.