IN THE CASE OF:
BOARD DATE: 3 July 2008
DOCKET NUMBER: AR20080005459
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 award of the Army Good Conduct Medal.
2. The applicant states that he was not awarded the Army Good Conduct Medal for his service in the Army.
3. The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and his DD Form 215 (Correction to DD Form 214).
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 was inducted into the Army of the United States on 25 July 1967. At the completion of basic combat training and advanced individual training, he was awarded military occupational specialty 11B (light weapons infantryman).
3. He was promoted to specialist four, E-4 on 1 June 1968.
4. The applicant was honorably released from active duty on 18 September 1969. He completed 2 years, 1 month, and 24 days of active military service with no days of lost time.
5. His DD Form 214 shows he was awarded the Purple Heart, the Combat Infantryman Badge, the Vietnam Service Medal, and the National Defense Service Medal.
6. His DA Form 20 shows he received conduct and efficiency ratings of "excellent" throughout his service.
7. A DD Form 215, dated 21 February 1975, added the Vietnam Service Medal with four bronze service stars, the Republic of Vietnam Campaign Medal with Device (1960), the Air Medal, the Purple Heart (First Oak Leaf Cluster), the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Marksman Marksmanship Qualification Badge with Rifle and Automatic Rifle Bars, and the Expert Marksmanship Qualification Badge with Machinegun Bar to the applicants DD Form 214.
8. Army Regulation 672-5-1, in effect at the time, provided policy and criteria concerning individual military decorations. It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year. At the time, a Soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service.
DISCUSSION AND CONCLUSIONS:
It appears that the applicant has met the regulatory requirements for the first award of the Army Good Conduct Medal for a qualifying period from 25 July 1967 through 18 September 1969.
BOARD VOTE:
___xx___ ___xx___ ___xx___ 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 him the Army Good Conduct Medal for the period 25 July 1967 through 18 September 1969; and
b. adding the Army Good Conduct Medal to his DD Form 214.
_______xxxx____________
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) AR20080005459
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ABCMR Record of Proceedings (cont) AR20080005459
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