IN THE CASE OF:
BOARD DATE: 12 November 2009
DOCKET NUMBER: AR20090010612
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 records to show he was awarded two Good Conduct Medals on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states he had an excellent service record and does not know why the Good Conduct Medals were not awarded to him.
3. The applicant provides no additional documentary evidence 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 applicant's military records show he enlisted in the Regular Army on 12 June 1962. He served continuously, reenlisting for 6 years on 12 June 1963. He was awarded the military occupational specialty of heavy vehicle driver and was promoted to pay grade E-6.
3. The applicant's records are void of any orders or other documents that indicate he was ever recommended for or awarded the Good Conduct Medal by proper authority.
4. Records show the applicant accepted nonjudicial punishment (NJP) under the provisions of Article 15 of the Uniform Code of Military Justice (UCMJ) on three occasions: for being absent without leave (AWOL) on 26 December 1963; for willfully disobeying a lawful order on 23 October 1965; and for being AWOL and through neglect missing movement on 25 July 1968.
5. The DA Form 20 (Enlisted Qualification Record) shows he did not receive all "excellent" conduct and efficiency ratings during either his initial or second 3-year period of service.
6. The applicant was released from active duty with an honorable characterization of service for retirement - temporary disability on 23 June 1969 after completing 7 years and 12 days of creditable active service with no lost time.
7. The Good Conduct Medal is awarded for exemplary behavior, efficiency, and fidelity in active military service. Army Regulation 672-5-1 (Military Awards), in effect at the time, required that throughout a qualifying period of service for award of the Good Conduct Medal the enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial. 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant completed two qualifying periods of Federal military service for consideration of the Army Good Conduct Medal. However, his records show that he did not receive all "excellent" conduct and efficiency ratings throughout these periods of service and that he accepted NJP on three occasions for misconduct.
2. While the applicant contends he had an excellent record and is entitled to award of two Good Conduct Medals his records clearly show that he did not distinguish himself by conduct, efficiency, and fidelity required for award of the Good Conduct Medal. Therefore, he is not entitled to this medal.
3. In view of the foregoing, there is no basis for granting the applicant's request.
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) AR20090010612
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