IN THE CASE OF:
BOARD DATE: 8 September 2011
DOCKET NUMBER: AR20110002391
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.
2. The applicant states:
* he was ordered to spend 1 year on active duty in the Republic of Vietnam with the "USRV Highway Traffic Control"
* he states that he was in country from July 1968 to June 1969
* he is aware of the requirements to earn the Good Conduct Medal, but he was in Vietnam for 1 year, less a few days
* he was a good Soldier while he was in the military and he has been a good citizen serving his community as a high school teacher
3. The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 27 June 1969, and the criteria for award of the Good Conduct Medal from Wikipedia.
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 29 August 1966, in the pay grade of E-1. He completed training as a combat engineer.
3. He was honorably discharged on 4 July 1967 to accept an appointment as a commissioned officer in the U.S. Army. The DD Form 214 he received shows he completed 10 months and 6 days of active duty enlisted service. His DD Form 214 also shows he was awarded the National Defense Service Medal and the Expert Marksmanship Qualification Badge (Rifle M-14).
4. On 5 July 1967, the applicant accepted an appointment as a Reserve commissioned officer in the rank of second lieutenant/O-1. He was immediately ordered to active duty.
5. The applicant arrived in Vietnam on 3 July 1968. He departed Vietnam
en-route to the United States on 23 June 1969.
6. He was released from active duty on 27 June 1969. He was assigned to the U.S. Army Reserve Control Group (Annual Training). The DD Form 214 he received shows the following awards:
* National Defense Service Medal
* Vietnam Service Medal
* Bronze Star Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Two Overseas Service Bars
7. The applicant submits a document from Wikipedia describing the Good Conduct Medal and explaining the criteria for issuance of the award.
8. Army Regulation 672-5-1 (Awards), in effect at the time, states the Army Good Conduct Medal is 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions have been noted. His supporting evidence has been considered.
2. In accordance with the applicable regulation, the Army Good Conduct Medal (1st Award) may be awarded upon termination of enlisted active service on or after 27 June 1950 of less than 3 years but more than 1 year.
3. He had one period of enlisted service which was from 29 August 1966 to 4 July 1967 (10 months and 6 days). He also served in Vietnam was as a Reserve commissioned officer.
4. He did not serve a qualifying period of active duty enlisted service for award of the Army Good Conduct Medal (1st Award). In view of the foregoing, his request should be denied.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X____ ___X____ ____X___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_________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) AR20110002391
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ABCMR Record of Proceedings (cont) AR20110002391
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