RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 26 February 2008
DOCKET NUMBER: AR20070015024
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:
Ms. Linda D. Simmons
Chairperson
Ms. LaVerne M. Douglas
Member
Mr. John G. Heck
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 Good Conduct Medal.
2. The applicant states, in effect, that he did not have any misconduct during his military service.
3. The applicant did not provide any additional documentary evidence 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 applicants 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 applicants 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 14 August 1975 for a period of 4 years. He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Infantryman). The highest grade he attained during his military service was private first class (PFC)/E-3.
3. The applicant's records further show that he was honorably separated for disability and placed on the Temporary Disability Retirement List (TDRL) on 3 December 1976. He was subsequently removed from the TDRL and retired for permanent disability on 30 June 1980. The DD Form 214 (Report of Separation from Active Duty) he was issued at the time of his separation for temporary disability shows he completed 1 year, 3 months, and 20 days of active military service.
4. Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded the Parachutist Badge. Item 26 does not show award of the Good Conduct Medal.
5. 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.
6. 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:
The applicant's record does not show his conduct or efficiency rating during his military service. However, the applicant's record is void of any derogatory information or a specific disqualification by his unit commander. As a result, it would be appropriate to award him the first award of the Good Conduct Medal for his qualifying period of honorable active duty service.
BOARD VOTE:
__lds___ __lmd___ __jgh___ 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. awarding the individual the Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 14 August 1975 to 3 December 1976; and
b. showing award of the Good Conduct Medal (1st Award) in Item 26 of his DD Form 214, dated 3 December 1976.
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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