IN THE CASE OF:
BOARD DATE: 22 November 2011
DOCKET NUMBER: AR20110011850
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 his DA Form 137 (Installation Clearance Record) shows "excellent" conduct and efficiency ratings.
3. He provides:
* his DA Form 137
* 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 enlisted in the Regular Army on 28 July 1964 for a period of
3 years in the rank/grade of private (PV1)/E-1. He completed training and he was awarded military occupational specialty 57E (Laundry, Bath and Impregnation Specialist). He served in Germany from 3 February 1965 through 21 April 1966
3. Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings throughout his 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.
4. He was honorably released from active duty on 25 September 1967 in the rank/grade of sergeant (SGT)/E-5. He completed 3 years, 1 month, and 28 days of total active service with no time lost.
5. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaigns Ribbons Awarded or Authorized) of his DD Form 214 shows the:
* National Defense Service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
6. 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:
The evidence of record shows the applicant received all "excellent" conduct and efficiency ratings throughout his service including the ratings on his DA Form 137 during his separation processing. There is no evidence of any disciplinary actions or time lost or a commander's disqualification that would have precluded the applicant from receiving the first award of the Army Good Conduct Medal. Therefore, he should be awarded the Army Good Conduct Medal (1st Award) and his DD Form 214 should be corrected 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 awarding him the Army Good Conduct Medal (1st Award) for the period 28 July 1964 through 27 July 1967 and adding this award to item 24 of his DD Form 214.
__________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) AR20110011850
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ABCMR Record of Proceedings (cont) AR20110011850
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