BOARD DATE: 28 July 2009
DOCKET NUMBER: AR20090004723
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 correction of his military records to show award of the Army Good Conduct Medal.
2. The applicant states that he had no infractions during his military service.
3. The applicant provides no documentary evidence 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 19 September 1961, the applicant was inducted into the Army of the United States for 2 years. He completed his initial training and was awarded military occupational specialty 111.00 (Light Weapons Infantryman).
3. On 14 February 1962, the applicant was assigned for duty with the 1st Brigade, 22nd Infantry Regiment, located at Fort Lewis, Washington.
4. On 18 September 1963, the applicant was released from active duty and transferred to the United States Army Reserve Control Group (Annual Training). He had attained the rank of private first class, pay grade E-3, and had completed 2 years of creditable active duty.
5. Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows "None."
6. Section 4 (Chronological Record of Military Service) of the applicant's DA Form 24 (Service Record) shows that his conduct and efficiency were excellent, except for a "good" rating for conduct and efficiency while in training. 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.
7. Army Regulation 672-5-1 (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 school 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 he should be awarded the Army Good Conduct Medal.
2. The applicants records clearly show that he completed a qualifying period of active duty enlisted service for award of the Army Good Conduct Medal. However, his conduct rating while in training was "good." Therefore, he did not meet the eligibility criteria for award of the Good Conduct Medal.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____x___ __x____ __x______ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
___________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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