IN THE CASE OF:
BOARD DATE: 06 April 2010
DOCKET NUMBER: AR20090017048
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 and its addition to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states that there is no bad information in his records.
3. The applicant provides no additional documentation 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 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's military records show he was inducted into the Army of the United States in pay grade E-1 on 22 July 1968. He completed training and was awarded military occupational specialty 11B (light weapons infantryman). He served in the Republic of Vietnam from 3 January 1969 to 22 February 1970.
3. The applicant was honorably released from active duty in pay grade E-4 on 22 February 1970 as an overseas returnee and transferred to the U.S. Army Reserve Control Group (Annual Training).
4. The applicant's DD Form 214, item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized), shows the following awards: the National Defense Service Medal, the Army Commendation Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, the Purple Heart, the Combat Infantryman Badge, two overseas service bars, and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14). The Army Good Conduct Medal is not shown.
5. The available evidence does not show the applicant was awarded the Army Good Conduct Medal. Additionally, the available evidence does not show the applicant was disqualified by his unit commander for award of the Army Good Conduct Medal. His conduct and efficiency were rated as "excellent" throughout his enlistment.
6. The applicant was issued a DD Form 215 (Correction to DD Form 214), dated 24 July 2007, deleting the Vietnam Service Medal and adding to his list of awards the following: the Vietnam Service Medal with four bronze service stars, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Meritorious Unit Commendation.
7. Army Regulation 600-8-22 (Military Awards) provides that the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying 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. Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.
DISCUSSION AND CONCLUSIONS:
1. The available evidence shows the applicant met the criteria for award of the Army Good Conduct Medal; however, this award is not shown on his DD Form 214. There is no evidence in his records which shows the applicant was disqualified for this award. The applicant is therefore entitled to award of the Army Good Conduct Medal (First Award) for the period 22 July 1968 to 22 February 1970 and its addition to his DD Form 214.
2. In view of the foregoing, the applicant's records should be corrected as recommended below.
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 awarding the applicant the Army Good Conduct Medal (First Award) for the period 22 July 1968 to 22 February 1970 and providing him a corrected separation document that includes this award.
____________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) AR20090017048
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ABCMR Record of Proceedings (cont) AR20090017048
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