BOARD DATE: 29 November 2012
DOCKET NUMBER: AR20120009687
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 met the 3-year eligibility requirements for this award.
3. The applicant did not provide any evidence.
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 applicant's 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 applicant's 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 29 March 1968 for a period of
3 years. He held military occupational specialty 11B (Light Weapons Infantryman).
3. Special Orders Number 127, issued by Headquarters, 8th Infantry Division, dated 7 May 1970, awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).
4. He served in Germany with 5th Battalion, 81st Artillery Regiment from
7 October 1968 to 19 March 1971.
5. On 25 March 1971, he was honorably released from active duty as an overseas returnee in the rank/grade of specialist four (SP4)/E-4. He was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining service obligation. He completed 2 years, 11 months, and 27 days of total active service with no time lost. The DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) he was issued at the time shows he was awarded or authorized the:
* National Defense Service Medal
* Parachutist Badge
6. His records do not contain orders awarding him the Army Good Conduct Medal. However, a review of his service record shows no derogatory information that would disqualify him from being recommended for and awarded the first award of the Army Good Conduct Medal. Additionally, item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received all "excellent" conduct and efficiency ratings during his military service.
7. Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service. This period was 3 years except in those cases when the period for the first award ended 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 applicant served honorably during the period 29 March 1968 through 25 March 1971. He served in Germany, he attained the rank/grade of SP4/E-4, and he received all "excellent" conduct and efficiency ratings throughout his military service. His file contains no information that would have disqualified him for the Army Good Conduct Medal. Therefore, it would be appropriate at this time to award him the first award of the Army Good Conduct Medal and to correct his DD Form 214 to show this award.
2. Special orders awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14). Therefore, his DD Form 214 should be corrected to show this marksmanship qualification badge.
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 29 March 1968 through 25 March 1971
* adding to his DD Form 214 the:
* Army Good Conduct Medal (1st Award)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
__________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) AR20120009687
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ABCMR Record of Proceedings (cont) AR20120009687
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