IN THE CASE OF:	  
		BOARD DATE:	  9  September 2008

		DOCKET NUMBER:  AR20080002670 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, award of the Good Conduct Medal and the Army Sea Duty Ribbon.

2.  The applicant states, in effect, that he faithfully and willfully served and did not commit any misconduct or any offenses against the military or his government.  He finally states, that he had always been a Water Craft personnel during his entire military career.

3.  The applicant provides a copy of his DD Form 214 (Report of Separation from Active Duty), with an effective date of 3 August 1970; a copy of his Diploma for satisfactorily completing the Harbor Craft Operator Course for Military Occupational Specialty (MOS) 61B, dated 24 January 1968; an Army Commendation Medal Certificate, dated 4 February 1969; an 18th Military Police Brigade Vietnam Combat Certificate and Certificate of Appreciation for meritorious service, both dated 30 September 1969; a Presidential Certificate of Appreciation, signed by President Nixon, undated; a Certificate of Appreciation for service, signed by General Westmoreland, dated 3 August 1970; and U.S. Army Transportation Center, Fort Eustis, VA Special Orders Number 161, dated 31 July 1970, releasing the applicant from active duty and transferring him to the United States Army Reserve (USAR) Control Group (Reinforcement).





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 military record is not available to the Board for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center (NPRC) in 1973.  It is believed that the applicant's records were lost or destroyed in that fire.  However, there were sufficient documents on file for the Board to conduct a fair and impartial review of this case.  

3.  The applicant's available military service records show that he enlisted in the Regular Army and entered active duty on 4 August 1967.  Upon completion of basic combat and advanced individual training, he was awarded military occupational specialty (MOS) 61B (Water Craft Operator).

4.  The applicant's available records contain his DD Form 214, issued at the time of his release from active duty.  Item 26a (non – pay periods/time lost) contains the entry “None.”  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded the National Defense Service Medal, the Army Commendation Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).  The applicant’s DD Form 214 also shows he entered active duty this period on 4 August 1967 and was honorably released from active duty on 3 August 1970 after completing 3 years net active service.

5.  The applicant’s military service records are absent any evidence of adverse administrative action, non-judicial punishment, or court-martial action.



6.  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.  

7.  Army Regulation 600-8-22, paragraph 5–7 (Army Sea Duty Ribbon).  On 
17 April 2006, the Principal Deputy Assistant Secretary of the Army (Manpower and Reserve Affairs) approved the establishment of the Army Sea Duty Ribbon (ASDR).  It is awarded to members of the Active Army, the Army National Guard (ARNG), and the United States Army Reserve (USAR) for completion of designated periods of sea duty aboard Class A and Class B United States Army Vessels (USAV) as defined in AR 56–9, table 1–1.  The ASDR is also authorized to be awarded for duty aboard other qualifying vessels when the vessels meet the requirements of Army regulations.  The ASDR may be awarded retroactively to those personnel who were credited with service after 1 August 1952, the activation date of the first heavy boat company in the Transportation Corps.  The Chief, Marine Qualification Division, is the approval authority for award of the ADSR to eligible Service members.  Eligible members or their next of kin may submit requests for the ASDR to the Chief, Marine Qualification Division, Attention: Career Pay Office, HRC, Building 705, Room 231, 705 Read Street, Fort Eustis, VA 23604–5407.  Requests should include the individual’s full name, social security number or serial number, dates of service, DD Form 214, and information concerning the individual’s sea service duty.  Since the applicant has not exhausted his administrative remedy, this issue will not be further discussed in this Record of Proceedings.

8.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time of the applicant's separation from active duty, prescribed policies and procedures regarding separation documents.  It also established standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, that the source documents for entering information on the DD Form 214 will be the Enlisted Qualification Record, Officer Qualification Record, Personnel Qualification Record (PQR), Officer Record Brief (ORB), enlistment/reenlistment documents, personnel finance records, discharge documents, separation orders, Military Personnel Records Jacket (MPRJ), or any other document authorized for filing in the Official Military Personnel File (OMPF).


9.  Section II (Preparation of DD Form 214) contains item-by-item instructions for completing the DD Form 214.  The instructions for Item 26 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) state to list all decorations, service medals, campaign medals, and badges awarded or authorized, omitting authorities cited therein.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contentions, in effect, that he should be awarded the Good Conduct Medal because he served 3 years in the U.S. Army with no adverse actions and he received an honorable discharge were carefully considered and found to have merit. 

2.  The evidence of record shows that the applicant entered active duty in the Regular Army on 4 August 1967 and he was honorably released from active duty after completing 3 years active service.  The evidence of record confirms that the applicant completed a qualifying period of active duty enlisted service for award of the Good Conduct Medal.  The evidence of record also shows that there is no record of adverse action in his military service record.  Therefore, the evidence of record in this case supports correction of the applicant’s military service records to show award of the Good Conduct Medal.

BOARD VOTE:

____X___  ___X____  ___X_____  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 applicant the Good Conduct Medal for exemplary conduct, efficiency, and fidelity for the period 4 August 1967 to 3 August 1970; and



	b.  adding to Item 24 of his DD Form 214 the “Good Conduct Medal.”



      _________X_____________
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont)                                         AR20080002670



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ABCMR Record of Proceedings (cont)                                         AR20080002670



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