IN THE CASE OF:
BOARD DATE: April 14, 2009
DOCKET NUMBER: AR20080018536
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 Good Conduct Medal.
2. The applicant states that he is eligible for award of the Good Conduct Medal.
3. The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) as documentary evidence 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's record shows that he enlisted in the Regular Army on 14 May 1971. He completed basic combat and advanced individual training and was awarded the primary military occupational specialty (MOS) of 11B (Light Weapons Infantryman) and the secondary MOS of 11C (Infantry Indirect Fire Crewman). The highest rank/grade he attained while serving on active duty was specialist four (SP4)/E-4. The applicant was released from active duty on
14 February 1973 and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.
3. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 and subsequent DD Forms 215 (Correction to DD Form 214) does not show award of the Good Conduct Medal.
4. Item 31 (Foreign Service) of the applicant's DA Form 20 (Enlisted Qualification Record) shows that he served an overseas tour of duty in the Republic of Vietnam during the period 9 October 1971 through 7 August 1972.
5. Item 38 (Record of Assignments) of the applicant's DA Form 20 shows that he received "excellent" conduct and efficiency ratings throughout his tenure of service.
6. The applicant's record does not contain any derogatory information or a record of a commander's disqualification for award of the Good Conduct Medal.
7. 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:
1. The applicant's contention that his records should be corrected to show he was awarded the Good Conduct Medal was carefully considered and found to have merit.
2. Evidence of record shows the applicant completed a period of honorable service during which he received all excellent conduct and efficiency ratings and had no convictions by a court-martial. Additionally, there is no evidence that the applicant was disqualified by his chain of command from receiving the Good Conduct Medal. Therefore, he is entitled to award of the Good Conduct Medal (first award) for the period 14 May 1971 to 14 February 1973 and entitled to correction of his records to show this award.
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 (first award) for the period 14 May 1971 to 14 February 1973; and
b. adding to item 24 of the applicant's DD Form 214 the Good Conduct Medal (first award).
__________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) AR20080018536
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ABCMR Record of Proceedings (cont) AR20080018536
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