IN THE CASE OF:
BOARD DATE: 20 December 2012
DOCKET NUMBER: AR20120010865
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 (Report of Separation from Active Duty) to show the Army Good Conduct Medal (1st Award).
2. The applicant states he is a Vietnam-era veteran who served honorably from 1974 through 1977.
3. The applicant provides his DD Form 214 and a DD Form 215 (Correction to DD Form 214 (Certificate of Release or Discharge from Active Duty), dated
19 March 2012.
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 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 9 September 1974. He completed initial entry training and was awarded military occupational specialty 72E (Tactical Telecommunications Center Operator). The highest rank/grade he attained during his period of active service was specialist four/E-4.
3. On 1 September 1977, he was honorably released from active duty and transferred to the U.S. Army Reserve, after completing 2 years, 11 months, and 23 days of net active service. The DD Form 214 he was issued shows he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), shown as "Sharpshooter M-16."
4. On 19 March 2012, a DD Form 215 was issued that amended his DD Form 214 by adding the National Defense Service Medal.
5. There is no evidence in the available records that shows he was awarded the Army Good Conduct Medal; however, neither is there evidence of a commander's disqualification for the award. Additionally, there is no evidence of any convictions by courts-martial or receipt of nonjudicial punishment under Article 15 of the Uniform Code of Military Justice.
6. Army Regulation 600-8-22 (Military Awards) states the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying 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. Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.
DISCUSSION AND CONCLUSIONS:
The evidence of record shows the applicant served honorably on active duty, from 9 September 1974 through 1 September 1977. There is no evidence he was subject to any disciplinary or derogatory actions during his period of service, and there is no evidence of a commander's disqualification statement pertaining to his first award of the Army Good Conduct Medal. Therefore, he should be awarded the Army Good Conduct Medal (1st Award) for the period 9 September 1974 through 1 September 1977, and his DD Form 214 should be corrected to show this award.
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 9 September 1974 through 1 September 1977 and
b. amending his DD Form 214 to show award of the Army Good Conduct Medal (1st Award).
_____________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) AR20100017975
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ABCMR Record of Proceedings (cont) AR20120010865
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