IN THE CASE OF:
BOARD DATE: 19 May 2009
DOCKET NUMBER: AR20090002134
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, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Army Good Conduct Medal.
2. The applicant states, in effect, that he did not receive the Army Good Conduct Medal at the time of his discharge because the company clerk was not available. He contends that awarding him the Army Good Conduct Medal would be the right thing to do.
3. The applicant provides no additional documentation 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. On 11 August 1966, the applicant enlisted in the Regular Army for 3 years. He completed his initial training and was awarded military occupational specialty 11B (Light Weapons Infantryman). He also successfully completed the Basic Airborne Course.
3. On 25 February 1967, the applicant was assigned for duty as an infantryman with the 503rd Infantry Regiment, 173rd Airborne Brigade, in the Republic of Vietnam.
4. General Orders Number 399, 173rd Airborne Brigade, dated 5 February 1968, awarded the applicant the Bronze Star Medal with "V" Device for heroism in connection with military operations against a hostile force in the Republic of Vietnam.
5. On 13 February 1968, the applicant returned to the United States for duty at Fort Bragg, North Carolina.
6. On 17 April 1968, the applicant was promoted to the rank of sergeant, pay grade E-5.
7. On 8 August 1969, the applicant was released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement). He had attained the rank of sergeant, pay grade E-5, and had completed 2 years, 11 months, and 28 days of creditable active duty service with no lost time.
8. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214, as previously corrected by a DD Form 215 (Correction to DD Form 214), lists his awards as the National Defense Service Medal, Vietnam Service Medal with three bronze service stars, Purple Heart, Republic of Vietnam Campaign Medal with Device (1960), Combat Infantryman Badge, Bronze Star Medal with "V" Device, Meritorious Unit Commendation, Parachutist Badge, Presidential Unit Citation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Expert Marksmanship Qualification Badge with Machinegun Bar, and the Sharpshooter Marksmanship Qualification Badge with Automatic Rifle and Rifle Bars. It does not show award of the Army Good Conduct Medal.
9. Item 38 (Record of Assignments) of the applicant's DA Form 20 (Enlisted Qualification Record) shows that his conduct and efficiency were rated as
"excellent." The applicants records do not contain any evidence of disciplinary action. There is no evidence to show that the commander took any action to deny him the Army Good Conduct Medal.
10. Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who had 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 contends that awarding him the Army Good Conduct Medal would be the right the right thing to do.
2. The applicants records clearly show that he distinguished himself in the performance of his military service as shown by his attaining the rank of sergeant and his heroic performance of duties in combat. Therefore, it is presumed that his not receiving an Army Good Conduct Medal for his service was an oversight. Accordingly, he should be awarded this 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 awarding him the Army Good Conduct Medal for the period from 11 August 1966 to 8 August 1969 and by showing that, in addition to the awards shown on his DD Form 214, his authorized awards include 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.
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