IN THE CASE OF:
BOARD DATE: 23 April 2013
DOCKET NUMBER: AR20120017893
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 and issue of it and his marksmanship badges.
2. The applicant states he never received any of them.
3. The applicant provides a copy of his DD Form 214 (Report of Transfer of Discharge).
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 enlisted in the Regular Army on 6 May 1957. He completed training as a teletype operator and was stationed at Fort Huachuca, Arizona where he was advanced to pay grade E-3.
3. The applicant served in Japan from May 1958 and was advanced to pay grade E-4 on 7 February 1959.
4. He returned to the United States and was released from active duty, on 19 April 1960, and transferred to the Army Reserve as a specialist four (E-4).
5. His DD Form 214 shows he had 2 years, 11 months, and 14 days of active duty service and no lost time. His authorized awards are listed as the Marksman Marksmanship Qualification Badge with Rifle and Carbine Bars.
6. There is no indication of any disciplinary action and no derogatory information in his record. No conduct and efficiency rating are available. There is no recommendation for award of the Army Good Conduct Medal.
7. Army Regulation 600-65, 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. A Soldier's conduct and efficiency ratings, including those pertinent to attendance at service schools, must have all been recorded as "excellent" or higher. There must have been no convictions by court-martial. However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.
DISCUSSION AND CONCLUSIONS:
1. The applicant progressed normally to the rank of specialist four (E-4) and there is no derogatory information.
2. Notwithstanding the absence of conduct and efficiency ratings and a recommendation by the commanding officer the award should be made at this late date, considering the applicants honorable separation and lack of disciplinary action in his records it would be appropriate to award him the Army Good Conduct Medal.
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 6 May 1959 through 19 April 1960;
b. adding it to the authorized awards listed on his DD Form 214; and
c. issuing him the Army Good Conduct Medal and his marksmanship badges.
_______ _ _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) AR20120017893
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20120017893
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2014 | 20140018123
Army Regulation 672-5-1 (Military 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. Therefore, it would be appropriate to award him the first award of the Army Good Conduct Medal based on completion of a qualifying period of Federal military service and correct his DD Form 214 to show his medal. As a result, the Board recommends that all Department of the Army records of the...
ARMY | BCMR | CY2012 | 20120002236
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 enlisted service. He served a qualifying period of service and should be entitled to this award and correction of his DD Form 214 to show it. His file contains no information that would have disqualified him for award of the Army Good Conduct Medal (1st Award); therefore, it would be appropriate to award the applicant the...
ARMY | BCMR | CY2012 | 20120010280
Additionally, Section 4 (Chronological Record of Military Service) of his DA Form 24 (Service Record) shows he received excellent conduct and efficiency ratings throughout his enlisted service. 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...
ARMY | BCMR | CY2010 | 20100010979
The applicant's DA Form 24 (Service Record) shows in Section 4 (Chronological Record of Military Service) that he received a Good efficiency rating while attending his initial entry training during the period 18 November 1959 to 29 January 1960. Therefore, it would also be appropriate to add these badges to his DD Form 214 at this time. 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...
ARMY | BCMR | CY2014 | 20140019247
Section 4 (Chronological Record of Military Service) of his DA Form 24 (Service Record) shows he received the following ratings: * "Excellent" conduct and efficiency ratings from 26 June 1957 to 18 January 1958 * "Good" conduct and efficiency ratings from 26 January 1958 to 29 May 1959 * "Excellent" conduct and efficiency ratings from 30 May 1959 to 25 April 1960 5. Upon outprocessing his unit in Alaska, his unit commander at the time indicated his conduct and efficiency ratings were...
ARMY | BCMR | CY2010 | 20100021283
Section 2 (Chronological Record of Military Service) of his DA Form 24 (Service Record) shows he received "excellent" conduct and efficiency ratings through his service. Therefore, it would be appropriate to award him the 1st award of the AGCM for his qualifying period of honorable active service from 31 March 1959 through 30 March 1962 and correction of his DD Form 214 to show this award. As a result, the Board recommends that all Department of the Army records of the individual concerned...
ARMY | BCMR | CY2011 | 20110012822
Army Regulation 600-8-22 (Military Awards) states the Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who served on active duty in support of the defense of the Republic of Korea. The evidence of record shows the applicant is entitled to awards that are not reflected on his DD Form 214. Awarding him the Army Good Conduct Medal (2d award) for the period 31 October 1961 through 30 October 1964; c. deleting the VSM and Army Good Conduct...
ARMY | BCMR | CY2011 | 20110024923
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 18 July 1966 to show: * two foreign service tours in Korea and a foreign service tour in Germany * award of the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (Carbine), Korea Defense Service Medal, and two awards of the Army Good Conduct Medal 2. Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct...
ARMY | BCMR | CY2011 | 20110023792
Section 4 (Chronological Record of Military Service) of his DA Form 24 (Service Record) shows he received "excellent" conduct and efficiency ratings throughout his military service with no evidence of derogatory information in his military record. Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the AGCM was awarded to individuals who completed a qualified period of active duty enlisted service. As a result, the Board recommends that all Department of the...
ARMY | BCMR | CY2013 | 20130011374
Furthermore, section 4 (Chronological Record of Military Service) of his DA Form 24 (Service Record) shows he received "excellent" conduct and efficiency ratings throughout his military service. Army Regulation 672-5-1 (Military 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. As a result, the Board recommends that all Department of the Army records of the individual...