BOARD DATE: 20 December 2012
DOCKET NUMBER: AR20120010541
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 in addition to all the awards he is entitled to for his service.
2. The applicant states the Army Good Conduct Medal is missing from his DD Form 214.
3. The applicant provides a copy of his 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 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 was inducted into the Army of the United States on 16 June 1970. He completed training and he was awarded military occupational specialty 51L (Refrigeration Specialist).
3. Special Orders Number 148 issued by Headquarters, 3d Basic Combat Training Brigade, U.S. Army Training Center, Infantry, Fort Ord, CA, dated 29 July 1970, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).
4. Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in Thailand, U.S. Army Pacific (USARPAC), from 3 June 1971 to 17 January 1972. During his service in Thailand, he was assigned to the:
* 313th Transportation Company from 3 June through 8 December 1971
* 260th Transportation Company from 9 December 1971 through 17 January 1972
5. Item 38 of his DA Form 20 shows he received all "excellent" conduct and efficiency ratings throughout his service. His record does not contain any disciplinary actions or a commander's disqualification that would have precluded him from being awarded the first award of the Army Good Conduct Medal.
6. On 19 January 1972, he was honorably released from active duty at the expiration of his term of service and he was transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining Reserve obligation. The highest rank/grade he attained during his period of service was specialist four (SP4)/E-4. His DD Form 214 shows he was awarded or authorized the:
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Presidential Unit Citation
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 qualifying 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 16 June 1970 through 19 January 1972. He served in Thailand, attained the rank/grade of SP4/E-4, and received all "excellent" conduct and efficiency ratings throughout his service. His file contains no information that would have disqualified him for the award of the Army Good Conduct Medal. Therefore, it would be appropriate to award the applicant the Army Good Conduct Medal (1st Award) and to correct his DD Form 214 to show this award.
2. Special orders awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-16). Therefore, his DD Form 214 should be corrected to show this badge.
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:
a. awarding him the Army Good Conduct Medal (1st Award) for the period 16 June 1970 through 19 January 1972; and
b. adding the following awards to his DD Form 214:
* Army Good Conduct Medal (1st Award)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
__________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) AR20120010541
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ABCMR Record of Proceedings (cont) AR20120010541
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