BOARD DATE: 31 May 2012
DOCKET NUMBER: AR20110022379
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. The applicant states his conduct was very good and he was awarded the Army Commendation Medal.
3. The applicant provides a copy of his DD Form 215 (Correction to 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. On 7 January 1966, the applicant enlisted in the Regular Army. He completed his initial training and was awarded military occupational specialty 72B (Communications Center Specialist).
3. The applicant's assignments included:
* 87th Maintenance Battalion in the Federal Republic of Germany (FRG) from 6 July 1966 to 5 January 1967
* Company C, 125th Signal Battalion in the Republic of Vietnam (RVN) from 26 February 1967 to 18 February 1968
* 279th Signal Platoon, FRG, from 11 April to 22 December 1968
4. On 23 December 1968, the applicant was released from active duty. He had attained the rank of specialist four/pay grade E-4, and completed 2 years,
11 months, and 17 days of creditable active service.
5. The applicant's DD Form 214, as corrected by the DD Form 215, indicates he received the following awards:
* Army Commendation Medal
* Vietnam Service Medal with three bronze service stars
* Meritorious Unit Commendation with First Oak Leaf Cluster
* National Defense Service Medal
* RVN Gallantry Cross with Palm Unit Citation
* RVN Campaign Medal
* Expert Marksmanship Qualification Badge with Rifle Bar
6. Item 38 (Record of Assignments) of the applicant's DA Form 20 (Enlisted Qualification Record) shows his conduct and efficiency ratings were excellent. The applicants records do not contain any evidence of disciplinary action and there is no evidence to show the commander took any action to deny him the Army Good Conduct Medal.
7. Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to enlisted Soldiers who had completed a qualified period of active duty enlisted service. This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service. The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.
DISCUSSION AND CONCLUSIONS:
1. The applicants records clearly show he distinguished himself in the performance of his military service as evidenced by his performance and conduct. He attained the rank of specialist four, received a personal decoration, and achieved "excellent" conduct and efficiency ratings. Therefore, it is presumed that due to an oversight he was not issued the Army Good Conduct Medal. Accordingly, he should be awarded this medal and it should be added to his DD Form 214.
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
7 January 1966 to 23 December 1968; and
b. adding it to 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) AR20110022379
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ABCMR Record of Proceedings (cont) AR20110022379
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