IN THE CASE OF:
BOARD DATE: 22 September 2009
DOCKET NUMBER: AR20090008014
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, that his record be corrected to show that he was awarded a fifth Good Conduct Medal.
2. The applicant states that he received five Good Conduct Medals while he was in the military and they should be reflected on his DD Form 214 (Report of Separation From Active Duty).
3. The applicant provides a copy of his DD Form 214 and copies of two orders awarding him the Good Conduct Medal in support of this 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 applicants record shows that he enlisted in the Regular Army (RA) on
1 January 1963.
3. General Orders Number 3, 2nd Squadron, 11th Armored Cavalry Regiment, Fort George G. Meade, Maryland, dated 8 July 1966, show that he was awarded his first Good Conduct Medal for the period 24 June 1963 to 23 June 1966.
4. General Orders Number 1243, Headquarters, US Army Support Command, Saigon, dated 23 September 1966, show that he was awarded his second Good Conduct Medal for the period 5 March 1966 to 4 March 1969.
5. General Orders Number 897, Headquarters, 1st Infantry Division (Mech) and Fort Riley, Fort Riley, KS, dated 27 February 1974, show that he was awarded his third Good Conduct Medal for the period 24 September 1969 to
23 September 1972.
6. General Orders Number 897, Headquarters, 1st Infantry Division and Fort Riley, Fort Riley, KS, dated 15 June 1976, show that he was awarded his fourth Good Conduct Medal for the period 24 September 1972 to 23 September 1975.
7. On 29 July 1976, the applicant was honorably discharged after completing a total of 13 years, 7 months, and 21 days of active military service.
8. The DD Form 214 he was issued shows he was awarded the Good Conduct Medal (4th award).
9. The available evidence does not show the applicant was awarded a fifth Good Conduct Medal.
10. Army Regulation 672-5-1, 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. 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. Awards of the Good Conduct Medal are based on 3 years of qualifying service. The applicant served a little more than 13 years of continuous service and as such he has only completed four periods of qualifying service for award of the Good Conduct Medal. The applicant's record contains orders showing award of four Good Conduct Medals and his DD Form 214 reflects those four decorations. Therefore, he is not entitled to award of a fifth Good Conduct Medal.
2. In order to justify correction of a military record the applicant must satisfactorily show, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit sufficient evidence that would satisfy this requirement.
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.
ABCMR Record of Proceedings (cont) AR20090008014
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