IN THE CASE OF:
BOARD DATE: 26 August 2010
DOCKET NUMBER: AR20100009632
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, award of the Army Good Conduct Medal.
2. The applicant states he is now being seen for Military Sexual Trauma/Post-Traumatic Stress Disorder (MST/PTSD). While in basic training at Fort Knox, KY, he was young and he was assaulted by his drill instructor. This scared him so much that it was buried deep in his mind for over 30 years. His sergeant major did not like him, called him abusive names, and said he would not award him the Army Good Conduct Medal. He further states he does not feel he was ever bad enough in his duties to justify not receiving this award.
3. The applicant did not provide any 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 records show he enlisted in the Regular Army on 27 August 1971. He completed basic combat and advanced individual training and he was awarded military occupational specialty 73C (Pay Disbursing Specialist). The highest rank/grade he attained while serving on active duty was specialist four (SP4)/E-4.
3. The applicant was assigned to the 2nd Finance Company, U.S. Army, Europe during the period 11 March 1972 through 16 August 1974.
4. Records show that on 9 August 1974, the applicant's commander was notified in writing that the applicant was eligible for award of the Army Good Conduct Medal. The section for the commander to indicate his recommendation for the award is blank and the records do not contain any evidence the commander denied the award.
5. The applicant's records do not contain any evidence of derogatory information or any adverse or disciplinary action during his military service.
6. Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received all "excellent" conduct and efficiency ratings throughout his service.
7. The DD Form 214 (Report of Separation from Active Duty) issued to him on 17 August 1974 shows he was honorably released from active duty in the rank/grade of SP4/E-4. His DD Form 214 also shows he completed 2 years,
11 months, and 21 days of creditable active service with no time lost. Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) does not show award of the Army Good Conduct Medal.
8. Army Regulation 672-5-1 (Awards), in effect at the time, stated 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; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; 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. The enlisted person must have had all "excellent" conduct and efficiency ratings. Ratings of "Unknown" for portions of the period under consideration were not disqualifying. There must have been no convictions by a court-martial.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that he is entitled to award of the Army Good Conduct Medal was carefully considered and there is sufficient evidence to grant relief.
2. Records show that at the time of his release from active duty he was eligible for award of the Army Good Conduct Medal. Although the written notification contained in his record is incomplete, his records are void of any evidence the commander denied the award; nor is there any evidence of any adverse or disciplinary action taken against him during his military service.
3. Records do show the applicant received "excellent" conduct and efficiency ratings throughout his service and he was honorably released from active duty. Therefore, there is sufficient evidence showing the applicant met the criteria for award of the Army Good Conduct Medal.
4. In view of the foregoing, the applicant is entitled to award of the Army Good Conduct Medal (1st Award) and correction of his DD Form 214 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
27 August 1971 through 17 August 1974 and
b. adding to item 26 of his DD Form 214 the Army Good Conduct Medal (1st 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) AR20100009632
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ABCMR Record of Proceedings (cont) AR20100009632
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