IN THE CASE OF:
BOARD DATE: 6 October 2011
DOCKET NUMBER: AR20110006847
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 is unaware of the reason for omission of the Army Good Conduct Medal.
3. The applicant provides 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. He enlisted in the Regular Army on 13 June 1967 for a period of 3 years. He served as a field artillery basic crewman in Germany from 12 November 1967 to 27 May 1969. On 12 June 1970, he was released from active duty in the rank of specialist four after completing 3 years of creditable active service with no time lost.
3. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the National Defense Service Medal and Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar as authorized awards.
4. A DA Form 2496-1 (Disposition Form), dated 24 April 1970, was sent from the Assistant Adjutant, 212th Field Artillery (FA) Group to the applicant's battery commander alerting him to the applicant's eligibility for award of the Good Conduct Medal for the period 13 June 1967 to 12 June 1970. The battery commander noted the applicant's conduct and efficiency as only "Good" and did not recommend the applicant for the award. The decision of the 212th FA Group Commander is not available; however, there are no orders for the Army Good Conduct Medal and it is not shown as an approved award in the available records.
5. Army Regulation 672-5-1 (Awards), in effect at the time, provided policy and criteria concerning individual military decorations. It stated that 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. At the time, a Soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service.
DISCUSSION AND CONCLUSIONS:
1. He contends he is unaware of the reason for omission of the Army Good Conduct Medal.
2. There are no orders for the Army Good Conduct Medal in the available records. His military records show he had conduct and efficiency ratings of Good on 29 April 1970, which are disqualifying factors for award of the Good Conduct Medal. As such, he did not meet the eligibility criteria for the first award of the Army Good Conduct Medal.
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) AR20110006847
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