IN THE CASE OF:
BOARD DATE: 2 JUNE 2009
DOCKET NUMBER: AR20090002284
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.
2. The applicant states that he was advised by letter that he did not serve enough time to be awarded the Good Conduct Medal. He contends that he served with Company A, 1st Battle Group, 9th Infantry in Alaska from 1958 to 1960 and that he was discharged without an award of the Good Conduct Medal. He claims that this had to be a clerical error because he was awarded three Battle Group commendations as Soldier of the Month and he came in second for Soldier of the Year. He points out that he has been trying to receive this medal since October 2007.
3. The applicant provides a copy of his DD Form 214 (Report of Transfer or Discharge) and letters from the National Personnel Records Center in St. Louis, Missouri, dated 14 January 2009, 21 November 2008, and 13 December 2007 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. The applicant was inducted into the Army of the United States on 23 October 1958. He served as a light weapons infantryman in Alaska from 17 April 1959 through 4 October 1960. On 10 October 1960, he was released from active duty in the temporary rank/grade of specialist four (SP4)/E-4 after completing 1 year, 11 months, and 18 days of creditable active service with no time lost.
3. Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicants DD Form 214 shows the entry "None."
4. There is no evidence the applicant received the first award of the Good Conduct Medal. There also is no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal. His records show he received "excellent" conduct and efficiency ratings throughout his service. His records contain no derogatory information.
5. 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 except that a service school efficiency rating based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 was not disqualifying.
However, there was no right or entitlement to the medal until the immediate commander made positive recommendation for its award and until the awarding authority announced the award in General Orders.
DISCUSSION AND CONCLUSIONS:
The applicant was separated in the temporary rank of SP4 with almost 2 years of creditable active service with no time lost. It appears the applicant met the eligibility criteria for the first award of the Good Conduct Medal for the period
23 October 1958 through 10 October 1960 based on completion of a period of qualifying service ending with the termination of a period of Federal military service. Therefore, his records should be corrected 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 him the first award of the Good Conduct Medal for the period from 23 October 1958 through 10 October 1960; and
b. adding to item 26 of the applicant's DD Form 214 the Good Conduct Medal (first award).
__________XXX____________
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) AR20090002284
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20090002284
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2014 | 20140019247
Section 4 (Chronological Record of Military Service) of his DA Form 24 (Service Record) shows he received the following ratings: * "Excellent" conduct and efficiency ratings from 26 June 1957 to 18 January 1958 * "Good" conduct and efficiency ratings from 26 January 1958 to 29 May 1959 * "Excellent" conduct and efficiency ratings from 30 May 1959 to 25 April 1960 5. Upon outprocessing his unit in Alaska, his unit commander at the time indicated his conduct and efficiency ratings were...
ARMY | BCMR | CY2010 | 20100014351
The designated military operations and dates of eligibility for this award are specified in Army Regulation 600-8-22 and show that the Armed Forces Expeditionary Medal was awarded for service in Lebanon from 1 July 1958 to 1 November 1958. Although records show the applicant served in Turkey from 10 August to 18 October 1958, there are no designated awards for such service during his period of service. As a result, the Board recommends that all Department of the Army records of the...
ARMY | BCMR | CY2008 | 20080009774
Section 4 (Chronological Record of Military Service) of the applicants DA Form 24 (Service Record) shows the applicant received Excellent efficiency and conduct ratings throughout his military assignments. 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 the termination of a period of Federal military service and...
ARMY | BCMR | CY2006 | 20060000956C070205
John G. Heck | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests, in effect, award of the Army Service Ribbon (ASR), and any other award to which he is entitled. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding him the first award of the Army Good Conduct Medal for his qualifying active duty service from 9 April 1958 through 8...
ARMY | BCMR | CY2008 | 20080011639
Application for correction of military records (with supporting documents provided, if any). 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. 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 | BCMR | CY2012 | 20120010280
Additionally, Section 4 (Chronological Record of Military Service) of his DA Form 24 (Service Record) shows he received excellent conduct and efficiency ratings throughout his enlisted service. Army Regulation 672-5-1 (Awards), in effect at the time, stated 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; for first award only, 1 year served entirely during the period 7 December 1941 to 2...
ARMY | BCMR | CY2009 | 20090021769
The applicant states he was wounded in Vietnam. It states a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from item 24 of his...
ARMY | BCMR | CY2012 | 20120017768
The applicant provided Elvis Presley's (SGT Presley) DD Form 214 which shows SGT Presley was drafted into the Army of the United States on 24 March 1958. Additionally, he states he had a better service record than SGT Presley. The ABCMR considers cases based on the evidence in an applicant's service record and the evidence they provide to support and strengthen the case.
ARMY | BCMR | CY2014 | 20140002281
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show: * he tested M-14 rifles * he was on the pistol team * unspecified sharpshooter and expert marksmanship qualification badges * completion of airborne training * award of the Army Good Conduct Medal (AGCM) 2. Since his DD Form 214 was amended to show marksmanship qualification badges and completion of airborne training, this portion of his request will not be...
ARMY | BCMR | CY2010 | 20100028198
General orders awarded him the Army Commendation Medal which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this award. The evidence of record shows the applicant was awarded the Vietnam Service Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 to: * award him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and...