DOCKET NUMBER:  AR20090004151 


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 he be awarded the Good Conduct Medal (GCMDL).

2.  The applicant states that after serving almost 3 years of active duty, he believes that he was eligible to receive the GCMDL.  He goes on to state that his three kids completed boot camp at Parris Island, South Carolina and came home on leave with the GCMDL and after serving almost 3 years of active service he believes that he should receive one as well.

3.  The applicant provides a copy of his Armed Forces of the United States Report of Transfer or Discharge (DD Form 214).

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 applicant’s 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 applicant’s 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 born on 24 May 1940 and enlisted in the Regular Army on 4 May 1960 for a period of 3 years and training as a military policeman (MP).  He completed his basic training at Fort Dix, New Jersey and was transferred to Fort Gordon, Georgia to attend his advanced individual training as an MP on 22 August 1960.  He failed his proficiency test as an MP and was disqualified for award of an MP military occupational specialty (MOS).

3.  He was transferred to Fort Benning, Georgia to attend AIT as a light weapons infantryman.  He successfully completed that training and was transferred to Germany on 13 February 1961, for assignment to Company E, 1st Battle Group, 18th Infantry Regiment.  He was advanced to the pay grade of E-3 on 18 March 1961 and to the pay grade of E-4 on 31 January 1962.

4.  On 17 April 1963, the applicant was transferred to Fort Hamilton, New York where he was honorably released from active duty (REFRAD) as an early release of overseas returnee.  He had served 2 years, 11 months and 14 days of total active service and his DD Form 214 issued at the time of his REFRAD reflects that he was awarded the Armed Forces Expeditionary Medal and the Army of Occupation Medal (Berlin).

5.  A review of the applicant's records shows that he had excellent conduct and efficiency ratings throughout his service and his record is void of any information that would serve to disqualify him for award of the GCMDL.

6.  Army Regulation 600-45, in effect at the time, established the criteria for award of the Army Good Conduct Medal (GCMDL).  It states, in pertinent part, that the GCMDL was established by Executive Order 8809, 28 June 1941 and was amended by Executive Order 9323, 1943 and by Executive Order 10444, 10 April 1953 and is awarded for exemplary behavior, efficiency, and fidelity in active Federal military service.  The regulation also states, in pertinent part, that for first award only, upon termination of service on or after 27 June 1950, a period of service of less than 3 years but more than 1 year qualifies for award of the GCMDL.  There is no automatic entitlement to award of the GCMDL until such time as the unit commander approves the award.

7.  Army Regulation 600-8-22 provides that the National Defense Service Medal (NDSM) is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, inclusive and 1 January 1961 through 14 August 1974, inclusive.  




DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he was eligible for award of the GCMDL has been noted and appears to have merit.

2.  After carefully examining the applicant’s record of service, it was determined that the applicant should have received the GCMDL for his service from 4 May 1960 through 17 April 1963.  This conclusion is based on the fact that the record is void of any derogatory information which would preclude the applicant from being awarded the GCMDL and the lack of any specific action by the applicant’s unit commander to disqualify him from receiving the award.  

3.  The applicant not receiving the GCMDL was likely the result of an administrative error as opposed to it being the result of a conscious disqualification by any of the unit commanders for which he served.  Therefore, in the interest of justice, the Board determined that this error should be corrected and the applicant should receive the GCMDL at this time.

4.  Additionally, the evidence of record also establishes that the applicant is entitled to the award of the NDSM.

BOARD VOTE:

___x____  ____x___  ___x____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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 GCMDL for exemplary behavior, efficiency, and fidelity in active Federal military service during the period of 4 May 1960 through 17 April 1963 and by awarding him the NDSM. 



2.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.




      _______ _   __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)                                         AR20090004151





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ABCMR Record of Proceedings (cont)                                         AR20090004151



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