IN THE CASE OF:	  

		BOARD DATE:	  6 September 2011

		DOCKET NUMBER:  AR20110003420 


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

2. The applicant states he served on active duty from 9 June 1964 through
8 June 1967 and he was overlooked for award of the Army Good Conduct Medal.

3.  The applicant provides a copy of page 3, item 38 (Record of Assignments), of his DA Form 20 (Enlisted Qualification Record).

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 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 9 June 1964 for a period of
3 years.  He completed training and he was awarded military occupational specialty 71G (Medical Records Clerk).

3.  The applicant's DA Form 20 shows in:

	a.  item 38 he received eleven "excellent" and four "unknown" conduct and efficiency ratings throughout his military service.  He also received one efficiency rating of "good (academic)" during advanced individual training while assigned to Company C, 1st Medical Field Service School, Brooke Army Medical Center, Fort Sam Houston, TX, from 26 October through 11 December 1964, and

	b.  item 41 (Awards and Decorations) no listing for the Army Good Conduct Medal.

4.  A DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), as corrected by a DD Form 215 (Correction to DD Form 214), dated 14 January 2011, shows the applicant entered active duty on 9 June 1964, he was honorably released from active duty on 8 June 1967 at the expiration of his term of service, and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.

	a.  He completed 3 years of total active service that includes 1 year and
1 month of foreign service in Korea.

	b.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows the National Defense Service Medal and the Korea Defense Service Medal.

5.  Special Orders Number 86, issued by Headquarters, 5th Infantry Division (Mechanized), Fort Carson, CO, dated 27 March 1967, awarded the applicant the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).

6.  The applicant's military service record does not contain any disciplinary actions, adverse information, or a commander's disqualification for the Army Good Conduct Medal (1st Award).

7.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal is awarded to individuals who completed a qualifying period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service.  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.  Service school efficiency ratings based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 were not disqualifying.  There must have been no convictions by a court-martial.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and the awarding authority announced the award in general orders.

8.  Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It also establishes standardized policy for the preparation of the DD Form 214.  It states enter all decorations, service medals, campaign medals, and badges awarded or authorized; omitting authorities cited therein.

DISCUSSION AND CONCLUSIONS:

1.  The applicant served a qualifying period of active enlisted service for the first award of the Army Good Conduct Medal from 9 June 1964 to 8 June 1967.

	a.  He received "excellent" conduct and efficiency ratings during this period of service, with the exception of one efficiency rating of "good" while he was in advanced individual training, which is not disqualifying.

	b.  There is no evidence of any disciplinary actions, adverse information, or a commander's disqualification for the first award of the Army Good Conduct Medal.

	c.  Despite the absence of the unit commander's recommendation for the first award of the Army Good Conduct Medal, based on the available evidence, it would be appropriate to award the applicant the Army Good Conduct Medal
(1st Award) and to correct his DD Form 214 to show the award.

2.  Special orders awarded the applicant the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).  Therefore, it would be appropriate to correct his
DD Form 214 to show this qualification badge.

3.  In view of the foregoing, it would be appropriate to correct the applicant's DD Form 214 as indicated below.


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
9 June 1964 through 8 June 1967; and

	b.  adding to item 24 of his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)



      ____________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)                                         AR20110003420



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ABCMR Record of Proceedings (cont)                                         AR20110003420



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