IN THE CASE OF:
BOARD DATE: 20 November 2008
DOCKET NUMBER: AR20080011639
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 and the Cold War Medal.
2. The applicant states, in effect, that he was told that he would be put in for the Army Good Conduct Medal.
3. The applicant provides a hand-written note of explanation in support of this 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 has requested award of the Cold War Recognition Certificate. The Award of the Cold War Recognition Certificate is not governed by the provisions of Army Regulation 600-8-22 (Military Awards) and, as a result, is not shown on a discharge document. In accordance with section 1084 of the Fiscal Year 1998 National Defense Authorization Act, the Secretary of Defense approved awarding the Cold War Recognition Certificate to all members of the armed forces and qualified federal government civilian personnel who faithfully and honorably served the United States anytime during the Cold War era, which is defined as 2 September 1945 to 26 December 1991. The applicant may submit a request in writing to Cold War Recognition, 4035 Ridge Top Road, Fairfax, Virginia 22030-7445. Based on this information, the applicants request for the Cold War Recognition Certificate is not discussed any further.
3. The applicant's record shows that he was inducted into the Army of the United States and entered active duty on 6 October 1958. He completed basic combat and advanced individual training and was awarded military occupational specialty 443.10 (Machinist). The highest rank he attained while serving on active duty was the grade of specialist four (SP4)/pay grade E-4.
4. Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he earned the Sharpshooter Marksmanship Qualification Badge with Rifle Bar. The Army Good Conduct Medal is not shown.
5. The applicant's records are void of any orders or other documents that indicate he was ever recommended for or awarded the Army Good Conduct Medal by proper authority while serving on active duty.
6. The applicant's DD Form 214 shows that on 5 October 1960, he was honorably released from active duty after completing 2 years of active military service and transferred to the United States Army Reserve (USAR) to complete his remaining military service obligation.
7. Army Regulation 672-5-1, in effect at the time when the service member was discharged, required that throughout a qualifying period of service for award of the Good Conduct Medal the enlisted person must have had all excellent conduct and efficiency ratings and no convictions by a court-martial. 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. With the publication of the new Army Regulation 672-5-1, in 1974, the requirement for all excellent conduct and efficiency ratings was dropped and an individual was required to show that
he/she willingly complied with the demands of the military environment, had been loyal and obedient, and faithfully supported the goals of his organization and the Army. Today, Army Regulation 600-8-22, which replaced Army Regulation
672-5-1, notes that there is no automatic entitlement to the Army Good Conduct Medal and disqualification must be justified. Current practice requires that the commander provide written notice of nonfavorable consideration and permits the individual to respond.
8. The applicant's DA Form 24 (Service record) shows all excellent conduct and efficiency ratings and no adverse actions were shown in other available records.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that he is entitled to award of the Army Good Conduct Medal was carefully considered and determined to have merit.
2. Evidence of record confirms that the applicant served honorably during the period 6 October 1958 through 5 October 1960. 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.
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 to show award of the Army 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) AR20080011639
2
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