IN THE CASE OF:
BOARD DATE: 20 December 2011
DOCKET NUMBER: AR20110012110
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 was drafted in "A1" condition and when he became ill he was mistreated by a disgruntled doctor
* investigations discovered the doctor's mistreatment of Soldiers and the Army discharged him
* his pre-existing condition was aggravated by the doctor's treatment
* he required surgery after his discharge
* he was recommended for the Army Good Conduct Medal because of his support and service
* he had both "excellent" conduct and efficiency ratings
* he saved the life of a fellow Soldier
3. The applicant provides:
* self-authored statements
* letter from the National Personnel Records Center
* extracts from his military personnel record
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 17 May 1966. He completed basic combat training; however, he did not complete advanced individual training (AIT) for award of a military occupational specialty.
3. His record contains a DA Form 8-274 (Medical Condition Physical Profile Record) that shows on 2 August 1966, the applicant underwent a Medical Evaluation Board (MEB) and was found unfit for continued military duty due to painful left varicocele, which existed prior to service. The MEB narrative summary is not available for review.
4. There is no evidence of any disciplinary actions against the applicant during his term of service.
5. The applicant was honorably discharged on 24 August 1966 under the provisions of Army Regulation 635-40 (Personnel Separations Physical Evaluation for Retention, Retirement, or Separation). He completed 3 months and 8 days of total active service. Item 26 (Decorations, Medal, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show award of the Army Good Conduct Medal.
6. Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) does not show award of the Army Good Conduct Medal.
7. His DA Form 137 (Installation Clearance Record) shows the applicant received "excellent" conduct and efficiency rating and he was recommended for award of the Army Good Conduct Medal by his unit commander.
8. There are no orders in the applicant's records awarding him the Army Good Conduct Medal.
9. The applicant provides extracts of his records and self-authored statements regarding his medical treatment. He also provides statements indicating the lieutenant who recommended him for award of the Army Good Conduct Medal was killed in an ambush prior to his discharge.
10. Army Regulation 672-5-2 (Decorations, Awards, and Honors), 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 request for award of the Army Good Conduct Medal was carefully considered.
2. Although the applicant's DA Form 137 indicates his commander gave him an "excellent" conduct and efficiency rating and recommended him for award of the Army Good Conduct Medal, he did not meet the minimum 1-year eligibility criteria for consideration of the award. Therefore, there is no basis for granting the applicant's requested relief.
3. While the applicant only served slightly over 3 months of service, he and all others should know that this action in no way diminishes the sacrifices he made in service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms.
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) AR20110012110
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110012110
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