IN THE CASE OF:
BOARD DATE: 14 October 2010
DOCKET NUMBER: AR20100012499
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 that he be awarded the Good Conduct Medal.
2. The applicant states he believes he earned the Good Conduct Medal for having served honorably during a period of war. The regulation states that only one year of service was necessary for this award during wartime and he served for 2 years, 9 months, and 17 days.
3. The applicant provides copies of his DD From 214 (Report of Transfer or Discharge) and an informational sheet about the Good Conduct Medal.
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 24 February 1969, completed training, and was initially awarded military occupational specialty (MOS) 11D (Armor Reconnaissance Specialist). He completed basic airborne training and additional specialty training with award of MOS 43E (Parachute Rigger).
3. The applicant was honorably released from active duty on 10 December 1971 with 2 years, 9 months, and 17 days of creditable service and no lost time.
4. His DD From 214 shows award of National Defense Service Medal and the Parachutist Badge.
5. His DA Form 20 (Enlisted Qualification Record) provides the following information:
* promotion to specialist five (E-5)
* conduct and efficiency ratings of exclusively "excellent"
* no foreign service
* his authorized awards as the National Defense Service Medal, Parachutist Badge, Expert Marksmanship Qualification Badge with Rifle Bar (M-14), and the Sharpshooter Marksmanship Qualification Badge with Rifle (M-16), Pistol, and Machinegun Bars
6. The record contains no indication of any derogatory entries, disciplinary actions, or court-martials.
7. Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command, failed to reveal any orders for any awards.
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. There must have been no convictions by a court-martial. Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified. At that time, a disqualification was normally noted on the DA Form 20.
DISCUSSION AND CONCLUSIONS:
1. The applicant states he believes he earned the Good Conduct Medal for having served honorably during a period of war. The regulation states that only one year of service was necessary for this award during wartime and he served for 2 years, 9 months, and 17 days.
2. The applicant distinguished himself by his conduct, efficiency and fidelity as evidenced by his conduct and efficiency ratings and his promotion to E-5. The record contains no indication of any disqualifying incidents or recommendations. It is appropriate to award the applicant the Good Conduct Medal for his period of service from 24 February 1969 through 10 December 1971.
3. The applicant's Expert Marksmanship Qualification Badge with Rifle Bar (M-14) and the Sharpshooter Marksmanship Qualification Badge with Rifle (M-16), Pistol, and Machinegun Bars were omitted from his DD Form 214. It is appropriate to correct the DD Form 214 to include these awards as well as the Good Conduct Medal.
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 the applicant the Good Conduct Medal for his period of service from 24 February 1969 through 10 December 1971; and
b. correcting his DD Form 214 to show that in addition to the awards listed, he is also authorized award of the Good Conduct Medal, Expert Marksmanship
Qualification Badge with Rifle Bar(M-14), and the Sharpshooter Marksmanship Qualification Badge with Rifle (M-16), Pistol, and Machinegun Bars.
_______ _ 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.
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