IN THE CASE OF:
BOARD DATE: 1 April 2010
DOCKET NUMBER: AR20090015190
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 award of the Army Good Conduct Medal.
2. The applicant states, in effect, he served honorably and was not issued the Good Conduct Medal.
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. The applicant enlisted in the Regular Army on 25 June 1957 for a period of
3 years. He trained as a microwave radio repairman. On 15 June 1960, the applicant was released from active duty in the temporary rank/grade of specialist four (SP4)/E-4 after completing 2 years, 11 months, and 21 days of creditable active service with no time lost.
3. Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on the applicants DD Form 214 shows the entry "NA" [Not Applicable].
4. There are no orders for the Army Good Conduct Medal in the available records.
5. There is no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal.
6. Section 4 (Chronological Record of Military Service) of the applicant's DA Form 24 (Service Record) shows he received "excellent" conduct and efficiency ratings throughout his service.
7. Section 9 (Medals, Decorations, and Citations) of his DA Form 24 also shows he qualified expert with the Carbine rifle based on Headquarters, 102nd Signal Battalion, Special Orders 68, dated 10 May 1960.
8. Army Regulation 672-5-1, in effect at the time, provided policy and criteria concerning individual military decorations. It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year. At the time, a Soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service except that a service school efficiency rating based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 was not disqualifying. However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.
DISCUSSION AND CONCLUSIONS:
1. The applicant was separated in the temporary rank/grade of SP4/E-4 with
2 years, 11 months, and 21 days of total active service with no time lost. It appears the applicant met the eligibility criteria for the first award of the Army Good Conduct Medal for the period 25 June 1957 through 15 June 1960 based on completion of a period of qualifying service ending with the termination of a period of Federal military service. Therefore, his DD Form 214 should be corrected to show this award.
2. The applicant qualified expert with the Carbine rifle. Therefore, his records should be correction to show the Expert Marksmanship Qualification Badge with Carbine Bar.
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:
a. deleting from item 26 of his DD Form 214 the entry "NA,"
b. awarding him the Army Good Conduct Medal (first award) for the period
25 June 1957 through 15 June 1960, and
c. adding to item 26 of his DD Form 214 the Army Good Conduct Medal (first award) and the Expert Marksmanship Qualification Badge with Carbine Bar.
_________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) AR20090015190
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ABCMR Record of Proceedings (cont) AR20090015190
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