IN THE CASE OF:
BOARD DATE: 22 June 2010
DOCKET NUMBER: AR20090021547
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 DD Form 214 (Report of Separation from Active Duty) to show award of the Army Good Conduct Medal.
2. The applicant states, in effect, he was not awarded the Army Good Conduct Medal in spite of serving in the Army for 3 years without ever receiving an Article 15, being reduced in rank or pay grade, or serving time in the stockade. He further states he assumed he would receive the medal upon discharge, but he forgot about it until he was informed he was still entitled to the award.
3. The applicant provides copies of his DD Form 214 and Honorable Discharge Certificate.
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 record shows he enlisted in the Regular Army on 25 September 1972. The applicant completed basic combat and advanced individual training and was awarded military occupational specialty 63H (Automotive Repairman). Following completion of 2 years, 11 months, and 22 days of active duty service, he was honorably released from active duty in the rank/grade of specialist four/E-4 on 16 September 1975 and transferred to the U.S. Army Reserve Control Group (Reinforcement) for completion of his remaining military service obligation.
3. Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded or authorized to wear the National Defense Service Medal, the Expert Marksmanship Qualification Badge with Grenade, and the Marksman Marksmanship Qualification Badge with Rifle Bar [M16].
4. There are no orders in the applicant's records that show he was awarded the Army Good Conduct Medal.
5. A review of the applicant's service record shows no derogatory information in the form of lost time, nonjudicial punishment, or suspension of favorable personnel actions that would disqualify him for the first award of the Army Good Conduct Medal. There are no entries in his DA Form 2-1 to indicate his commanders denied him award of the Army Good Conduct Medal.
6. 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 applicant's contention that his DD Form 214 should be corrected to show award of the Army Good Conduct Medal was carefully considered and determined to have merit.
2. The evidence of record confirms the applicant served honorably during the period 25 September 1972 through 16 September 1975. His record is void of any evidence that shows he had lost time or that he received nonjudicial punishment or court-martial action. There is also no evidence of suspension of
favorable personnel actions or that his commanders denied him award of the Army Good Conduct Medal. Lacking any derogatory information on file that would have disqualified him, it would be appropriate to award the applicant the Army Good Conduct Medal for the period 25 September 1972 through 16 September 1975 and to correct his records to show this award.
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. awarding him the Army Good Conduct Medal (1st Award) for the period 25 September 1972 through 16 September 1975;
b. adding the Army Good Conduct Medal (1st Award) to item 26 of his DD Form 214; and
c. providing him a document to show the above change.
_______ _ 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) AR20090021547
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