IN THE CASE OF:	  

		BOARD DATE:	  8 September 2011

		DOCKET NUMBER:  AR20110004079 


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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected as follows:

* item 10c (Dated Inducted) - correct to read 12 August 1969
* add the Army Commendation Medal and the Army Good Conduct Medal 

2.  The applicant states he served 1 year, 11 months, and 8 days of active service and the medals were not issued to him.

3.  The applicant provides:

* his DD Form 214
* his Certificate for the Army Commendation 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 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.  A DD Form 47 (Record of Induction) shows he was inducted into the Army of the United States on 12 August 1969.  He completed basic combat and advanced individual training and was awarded military occupational specialty 71B (Clerk Typist).

3.  His DA Form 20 (Enlisted Qualification Record) indicates:

* he was promoted to specialist five/pay grade E-5 on 25 March 1971
* he received conduct and efficiency ratings of "excellent" throughout his service

4.  His records do not contain any adverse information and there is no evidence he was disqualified by his chain of command from receiving the Army Good Conduct Medal.

5.  On 19 July 1971, he was released from active duty.  He completed 1 year, 
11 months, and 8 days of active service that was characterized as honorable with no lost time.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded or is authorized the:

* National Defense Service Medal
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)

6.  Item 10c (Date Inducted) of his DD Form 214 has 12 August 1971 entered.

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 showing he was awarded the Army Commendation Medal.

8.  He submitted a certificate for the award of the Army Commendation Medal for meritorious service in Europe from October 1970 to July 1971.

9.  Army Regulation 600-8-22 (Military Awards) states the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

10.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded 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.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.

DISCUSSION AND CONCLUSIONS:

1.  His date of induction is shown on his DD Form 47 as 12 August 1969.  Therefore, the entry in item 10c of his DD Form 214 is clearly in error and should be corrected to read 12 August 1969.

2.  The applicant's records do not show indiscipline or lost time, he received conduct and efficiency ratings of "excellent" throughout his military service, and he was promoted to specialist five in less than 2 years.  Therefore, the preponderance of evidence shows the applicant is entitled to the first award of the Army Good Conduct Medal based on completion of qualifying service from 
12 August 1969 to 19 July 1971 ending with termination of a period of Federal military service.

3.  There is no evidence of the award of the Army Commendation Medal other than the certificate submitted by the applicant.  Army regulations require that for all personal decorations formal recommendations, approval through the chain of command, and announcement in orders are required.  Therefore, there is insufficient evidence to add the Army Commendation Medal to his DD Form 214 at this time.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ___X____  ____X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  changing item 10c of his DD Form 214 to read 12 August 1969 instead of 12 August 1971;

	b.  awarding him the Army Good Conduct Medal for the period of service from 12 August 1969 to 19 July 1971; and

	c.  amending item 24 of his DD Form 214 to include the Army Good Conduct Medal.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to the Army Commendation Medal.  




      _________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)                                         AR20110004079





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ABCMR Record of Proceedings (cont)                                         AR20110004079



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