BOARD DATE: 8 September 2011
DOCKET NUMBER: AR20110004267
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. He states he was qualified for the award and believes he should receive it.
3. He provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
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's military records show he was inducted into the Army of the United States in pay grade E-1 on 5 March 1968. He completed training and he
was awarded military occupational specialty 63B, Engine and Powertrain Repairman. He served in Okinawa from 8 September 1968 through 19 February 1970.
3. He was honorably released from active duty in pay grade E-5 on 19 February 1970, as an overseas returnee, and he was transferred to the U.S. Army Reserve Control Group (Annual Training).
4. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaigns Ribbons Awarded or Authorized) of his DD Form 214 shows the National Defense Service Medal.
5. Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings throughout his period of service. There is no evidence of any disciplinary action during his period of active service. There also is no evidence of a commander's disqualification for the first award of the Army Good Conduct Medal.
6. Item 41 (Awards and Decorations) of his DA Form 20 shows he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).
7. Army Regulation 672-5-1 (Awards), in effect at the time, 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 evidence of record shows the applicant appears to have met the criteria for the first award of the Army Good Conduct Medal; however, for unknown reasons he was not awarded this medal. There is no evidence of record which shows he was disqualified by his commander for this medal. Therefore, his
DD Form 214 should be corrected to show the Army Good Conduct Medal (1st Award) for the period 5 March 1968 through 19 February 1970.
2. The evidence of record also shows he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14). Therefore, he is also entitled to correction of his DD Form 214 to show this award.
BOARD VOTE:
__x______ ___x__ ____x____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 the applicant the Army Good Conduct Medal (1st Award) for the period 5 March 1968 through 19 February 1970; and
b. adding the following awards to Item 24 of his DD Form 214:
* Army Good Conduct Medal (1st Award)
* Sharpshooter 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) AR20110004267
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20110004267
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2008 | 20080014041
The applicant's military records show that he was inducted into the Army of the United States on 23 April 1968. The applicant's military records do not show that he was awarded the Combat Infantryman Badge. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Combat Infantryman Badge for engaging in active combat with the enemy on 12 November 1968 in Vietnam while serving as a private/E-2; b. awarding him...
ARMY | BCMR | CY2010 | 20100027019
The applicant requests award of the Vietnam Service Medal with two or three bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and any other awards and decorations to which he is entitled be added to item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214...
ARMY | BCMR | CY2011 | 20110010899
Item 31 (Foreign Service): Vietnam from 3 October 1969 to 11 July 1970. c. Item 38 (Record of Assignments): * he was assigned to Company C, 2nd Battalion, 7th Cavalry, 1st Cavalry Division (Air Mobile), from 13 October 1969 through 6 July 1970 * he received "excellent" conduct and efficiency ratings throughout his service d. Item 41 (Awards and Decorations): National Defense Service Medal, Parachutist Badge, Combat Infantryman Badge, Vietnam Service Medal, Air Medal, one Overseas Service...
ARMY | BCMR | CY2014 | 20140018872
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the: * Army Commendation Medal * Vietnam Service Medal with three bronze service stars * Combat Infantryman Badge * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) * Marksmanship Qualification Badge with Machine Gun Bar (M-60) * Marksmanship Qualification Badge with Rifle Bar...
ARMY | BCMR | CY2013 | 20130013866
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending on 10 March 1970 to: * show his date of birth (DOB) as 1947 * add the Bronze Star Medal (2nd Award) 2. GO awarded him the Army Good Conduct Medal (1st Award) during the period of his enlisted service; therefore, he is entitled to correction of his DD Forms 214 for the period ending on 10 March 1967 and 10 March 1970 to add this award. As a result,...
ARMY | BCMR | CY2011 | 20110024387
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Army Good Conduct Medal and any other unit awards. His DD Form 214 shows the: * National Defense Service Medal * Vietnam Service Medal with one bronze service star * Combat Infantryman Badge * Republic of Vietnam Campaign Medal * Purple Heart * Army Commendation Medal * Expert (M-60 MG) * Sharpshooter (Rifle) 8. As a result, the Board recommends that all...
ARMY | BCMR | CY2011 | 20110008557
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show awards, ribbons, and medals he received including, but not limited to, the Army Good Conduct Medal, Vietnam Service Medal with two or three bronze service stars, Combat Infantryman Badge, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Parachutist Badge, Sharpshooter Marksmanship...
ARMY | BCMR | CY2010 | 20100000386
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show a second award of the Bronze Star Medal. Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a....
ARMY | BCMR | CY2014 | 20140015593
2nd Battalion, 7th Cavalry Regiment - * Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period May 1969 to February 1970 by Department of the Army General Order (DAGO) Number 11, dated 1973 * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation or the period 1 January 1969 to 1 February 1970 by DAGO Number 42, dated 1972 b. Therefore, it would be appropriate to award him the Army Good Conduct Medal (1st Award) for the period 8 February 1968 to 6...
ARMY | BCMR | CY2010 | 20100027351
Application for correction of military records (with supporting documents provided, if any). As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting the entry "Sharpshooter (Rifle)" from Item 24 of the applicant's DD Form 214 and adding to item 24 of his DD Form 214 the: * Army Good Conduct Medal (1st Award) * Meritorious Unit Commendation * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of...