IN THE CASE OF:
BOARD DATE: 22 November 2011
DOCKET NUMBER: AR20110011183
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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Army Good Conduct Medal.
2. He states he believes he is entitled to the Army Good Conduct Medal because he was honorably discharged and this should have automatically qualified him for the medal.
3. He provides his DD Form 214.
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 was inducted into the Army of the United States on 6 July 1965.
3. A review of his service record revealed:
* he was promoted to specialist four (SP4)/E-4, effective 30 June 1966
* no orders or recommendation for award of the Army Good Conduct Medal for the period 6 July 1965 through 5 July 1967
* no disciplinary actions or evidence disqualifying him by his chain of command for award of the Army Good Conduct Medal
* he received "excellent" conduct and efficiency ratings throughout his tenure on active duty
4. He was honorably released from active duty on 5 July 1967 in the rank of SP4 after completion of 2 years of total active military service with no lost time. His DD Form 214 shows award of the National Defense Service Medal and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.
5. 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; 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. There must have been no convictions by a court-martial.
DISCUSSION AND CONCLUSIONS:
1. The applicant's service record is void of orders which show he was awarded the Army Good Conduct Medal for the period 6 July 1965 through 5 July 1967.
2. There is no evidence available which indicates he received any disciplinary action or a commander's disqualification for award of the Army Good Conduct Medal during his tenure on active duty.
3. Therefore, he is entitled to award of the Army Good Conduct Medal
(1st Award) for the period 6 July 1965 through 5 July 1967.
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 6 July 1965 through 5 July 1967; and
b. amending his DD Form 214 to add award of the Army Good Conduct Medal (1st Award).
_______ _ __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) AR20110011183
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110011183
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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