BOARD DATE: 10 January 2013
DOCKET NUMBER: AR20120005689
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 served 2 years in wartime and thinks he should have been awarded the Army Good Conduct Medal upon his release from active duty.
3. The applicant provides a copy of his DD Form 214 (Report of Separation from Active Duty).
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 on 17 October 1972. He completed training, including airborne training and was stationed at Fort Bragg, North Carolina.
3. His DA Form 20 (Enlisted Qualification Record) shows in:
* item 33 (Appointments and Reductions) he was advanced to pay grade E-4 on 1 March 1974
* item 36 (Record of Assignments) his conduct and efficiency ratings were exclusively excellent
* item 41 (Awards and Decorations) Expert Marksmanship Qualification Badge with Rifle Bar
4. A DA Form 2496 (Disposition Form), dated 30 July 1974, indicates the applicant was eligible for award of the Army Good Conduct Medal for the period from 17 October 1972 through 16 October 1974 and asks for the company commanders recommendation and information on any flagging action. The form is incomplete. There is neither a recommendation nor information on any flagging action. An undated separation memorandum states he was to be separated on 16 October 1974 and indicates that he was fully qualified for immediate reenlistment.
5. The applicant was honorably separated early, on 16 October 1974 and transferred to the U.S. Army Reserve. His DD Form 214 lists the National Defense Service Medal, Parachutist Badge, and the Expert Marksmanship Qualification Badge with Rifle Bar.
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; 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant served on active duty for more than one year, his conduct and efficiency ratings were exclusively excellent, and there is no record of any misconduct.
2. Despite the absence of a recommendation he should be awarded the Army Good Conduct Medal (1st Award) for his period of active duty service.
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 awarding him the Army Good Conduct Medal (1st Award) for the period 17 October 1972 -16 October 1974 and 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) AR20110013215
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ABCMR Record of Proceedings (cont) AR20120005689
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