BOARD DATE: 15 October 2009
DOCKET NUMBER: AR20090003987
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 that all of the awards he was awarded or entitled to be shown on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
2. The applicant states not all of his awards are shown on his DD Form 214.
3. The applicant provides a copy of his DD Form 214 to support his request.
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 on 15 May 1969, completed training, including training in military occupational specialty (MOS) 31B as a field radio mechanic, and was stationed in Europe.
3. On 7 May 1971, he was separated from active duty with an honorable characterization of service and transferred to the U.S. Army Reserve Control Group (Annual Training) in pay grade E-4.
4. Block 24 of his DD Form 214 lists his authorized awards as the National Defense Service Medal and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14 and M-16).
5. Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) lists the same authorized awards. Item 38 (Record of Assignments) shows that the applicant's assigned conduct and efficiency ratings were exclusively "excellent." There is no available evidence of any indiscipline.
6. Army Regulation 672-5-1 (Military Awards), 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant states not all of his awards are shown on his DD Form 214.
2. He served without any record of indiscipline and with exclusively "excellent" conduct and efficiency ratings during a qualifying period of active duty service. He should be awarded the Good Conduct Medal and it should be shown on his DD Form 214.
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 Good Conduct Medal for the period 15 May 1969 through
7 May 1971 and showing it as an authorized award on his DD Form 214.
_______ _ __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) AR20090003987
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