IN THE CASE OF:	  

		BOARD DATE:	  12 April 2011

		DOCKET NUMBER:  AR20100022258 


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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show receipt of this award.

2.  He states he was admitted to a hospital in Germany during the month of August 1974.  He was medically evacuated to another hospital in San Francisco, CA, where he remained hospitalized until he was discharged from the Army due to permanent medical disability in April 1975.  He adds that he never met the commanding officer of the hospital.  He concludes by stating he was motivated, dedicated, and committed to his unit and its mission and he served with integrity.

3.  He provides:

* a Certificate of Training
* three Letters of Commendation
* ten photographs

CONSIDERATION OF EVIDENCE:

1.  Title 10, United States 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 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 enlisted in the Regular Army on 25 October 1972.  The highest rank he attained while serving on active duty was specialist four/E-4.

3.  Item 29 (Qualification in Arms) of his DA Form 20 (Enlisted Qualification Record) shows he qualified as a Marksman with the M-16 Rifle on 4 December 1972.

4.  Item 33 (Appointments and Reductions) of his DA Form 20 shows he was promoted as follows:

* to private/E-2 on 25 February 1973
* to private first class/E-3 on 19 May 1973
* to specialist four/E-4 on 30 December 1973

5.  His record contains (and he also provides) a Letter of Commendation, dated 22 February 1973, rendered by the commander of 4th Advanced Individual Training Brigade, U.S. Army Training Center Engineer and Fort Leonard Wood, MO.  This letter shows the commander congratulated him on his selection as the outstanding member of the Brigade Guard on 21 February 1973.  Accompanying this letter is an endorsement from the Commander of Company A, 3rd Battalion, of the aforementioned brigade echoing the sentiments of the brigade commander.

6.  He provides a Department of the Army Certificate of Training which certifies he successfully completed the Trainee Leader Preparation Program at Fort Leonard Wood, MO on 16 March 1973.

7.  His record contains (and he also provides) a Letter of Commendation, dated 21 November 1973, rendered by the Commander, Headquarters, Kaiserslautern Army Depot Complex, Germany.  This letter shows the commander congratulated him on his selection as the Soldier of the Month for November 1973.  





8.  Item 38 (Record of Assignments) of his DA Form 20 shows that following completion of initial entry training, he served with the 57th Engineer Company located in Germany from 1 April 1973 through 10 September 1974.  On 11 September 1974, he was placed into a patient status and hospitalized at the 2nd General Hospital in Germany.  On 14 September 1974, he was medically evacuated to Letterman Army Medical Center, Presidio, San Francisco, CA.  Item 38 also shows he received "excellent" conduct and efficiency ratings while attending initial entry training, but there are no entries for his conduct and efficiency while he was assigned to the 57th Engineer Company or during his period of hospitalization.

9.  Item 41 (Awards and Decorations) of his DA Form 20 shows he was awarded or authorized to wear the:

* National Defense Service Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar

10.  His record contains Letter Orders Number D 3-303 issued by the U.S. Army Military Personnel Center, Alexandria, VA, dated 19 March 1975, which show that as a result of having been determined to be unfit for duty by reason of physical disability, he was relieved from his assignment and duty on 2 April 1975 and placed on the Temporary Disability Retired List (TDRL) the following day.  

11.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued at the time of his release from active duty only shows the National Defense Service Medal.

12.  His record contains DA Form 3713 (Data for Retired Pay), dated 22 March 1977, which shows he was removed from the TDRL with entitlement to severance pay based on a disability rated 10% disabling, effective 31 March 1977.

13.  There is no evidence in the applicant's service personnel records which show he was awarded or recommended for award of the Army Good Conduct Medal.  There is also no indication he was disqualified for award of this medal and he had no convictions by a court-martial.

14.  He provides 10 photographs depicting scenes where he:

* served as an adult leader with the Boy Scouts
* served as a chaperone and host for an orphan outreach program in Kaiserslautern, Germany
* took part in a "Berlin Orientation" tour of communist East Berlin, Germany

15.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who had completed a qualified 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.  The enlisted person must have had all “excellent” conduct and efficiency ratings and no convictions by a court-martial.  Ratings of "Unknown" for portions of the period under consideration are not disqualifying.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his military records should be corrected to show award of the Army Good Conduct Medal was carefully considered and determined to have merit.

2.  Evidence shows the only conduct and efficiency ratings he received during his service were “excellent.”  There is also no record of any convictions by a court-martial or a commander's disqualification for award of the Army Good Conduct Medal.  Therefore, he is entitled to the Army Good Conduct Medal (1st Award) for the period of 25 October 1972 to 2 April 1975 and correction of his DD Form 214 to show this award.

3.  The available evidence shows he qualified as a Marksman with the M-16 Rifle on 4 December 1972 and he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar [M-16].  Therefore, he is entitled to correction of his DD Form 214 to show this badge.

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 October 1972 to 2 April 1975; and

	b.  adding to item 26 of his DD Form 214 the Army Good Conduct Medal 
(1st Award) and Marksman Marksmanship Qualification Badge with Rifle Bar 
[M-16].



      _______ _   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)                                         AR20100022258



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100022258



5


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1