BOARD DATE: 23 December 2010
DOCKET NUMBER: AR20100015435
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 the Army Good Conduct Medal be added to his
DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 6 March 1969.
2. The applicant states his military record was excellent.
3. The applicant provides copies of a:
* court order changing his and his family's last name
* certificate of achievement
* brief history of his service achievements
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 7 March 1966 for 3 years. He completed basic combat training and advanced individual training and was awarded the military occupational specialty of 11E (Armor Crewman).
3. The applicant completed a tour with the 1st Reconnaissance Squadron,
2nd Armored Cavalry in Germany from 1 August 1966 to 13 July 1968. He was promoted to specialist five/pay grade E-5 on 15 June 1967.
4. On 6 March 1969, the applicant was released from active duty. He had completed 3 years of active service that was characterized as honorable.
Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicants DD Form 214 does not show he was awarded the Army Good Conduct Medal.
5. There are no orders in the applicant's Military Personnel Records Jacket (MPRJ) awarding him the Army Good Conduct Medal.
6. There is no evidence the applicant received the first award of the Army Good Conduct Medal. There also is no evidence the applicant was disqualified by his chain of command from receiving the Army Good Conduct Medal. Records do not show indiscipline or lost time. His records do not contain any adverse information. His record shows he received "excellent" conduct and efficiency ratings throughout his service.
7. Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded to individuals who completed a qualifying period of active duty enlisted service. It 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; 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends he should have been awarded the Army Good Conduct Medal.
2. The applicant's records do not show indiscipline or lost time, he received "excellent" conduct and efficiency ratings throughout his military service, there is no record of a commander's disqualification, and he was promoted to specialist five in less than 2 years. Therefore, the preponderance of the evidence shows the applicant is entitled to the first award of the Army Good Conduct Medal based on completion of qualifying service from 7 March 1966 to 6 March 1969.
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 him the Army Good Conduct Medal (first award) for the period of service from 7 March 1966 to 6 March 1969
* amending item 24 of his DD Form 214 to show he was awarded the Army Good Conduct Medal (first 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) AR20100015435
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ABCMR Record of Proceedings (cont) AR20100015435
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