IN THE CASE OF:	  

		BOARD DATE:  17 October 2013

		DOCKET NUMBER:  AR20130003326 


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.  In addition, he requests that three letters of commendation be filed in his Military Personnel Records Jacket (MPRJ) (currently known as the Army Military Human Resource Record (AMHRR)).

2.  The applicant states he was told by the discharge office he could apply for the Army Good Conduct Medal but it could take several days for a response.  He has copies of letters of commendation from his officers while stationed in Germany.

3.  The applicant provides:

* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 26 September 1966
* two Letters of Appreciation, dated 1 August 1964 and 26 June 1965 from the 3rd Battalion, 37th Armor
* a certificate for the Order of the Green Worm, dated 10 May 1966
* his orders returning him to the United States from Germany
* his Honorable Discharge Certificate, dated 31 August 1969

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.  On 27 September 1963, he enlisted in the Regular Army.  

3.  2nd Training Regiment, U.S. Army Training Center, Fort Gordon, GA, Special Orders Number 127, dated 21 November 1963, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar.

4.  He was assigned to the 3rd Battalion, 37th Armor, in Germany from 
26 February 1964 to 11 May 1966.  He was promoted to specialist five on 2 April 1966.

5.  He provided two Letters of Appreciation from the 3rd Battalion, 37th Armor.

	a.  The letter, dated 1 August 1964, was signed by the executive officer.

	b.  The letter, dated 26 June 1965, was signed by the adjutant.

   c.  Both of the letters he provided are already in his AMHRR.

6.  He provided a certificate, dated 10 May 1966, for the Order of the Green Worm for faithful and diligent service while in the 3rd Battalion, 37th Armor.

7.  On 26 September 1966, he was released from active duty.  He completed
3 years of active service that was characterized as honorable.  His DD Form 214 shows he was authorized the National Defense Service Medal.

8.  There is no evidence the applicant was disqualified by his chain of command from receiving the Army Good Conduct Medal.  The available evidence does not show any indiscipline or lost time.  His records do not contain any adverse information.  His records show he received "excellent" conduct and efficiency ratings throughout his period of service.

9.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded to individuals who completed a qualifying period of active enlisted service.  It 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.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  There must have been no convictions by a court-martial.

10.  Table B-2 of Appendix B of Army Regulation 600-8-104 (AMHRR Management) lists all forms and documents which have been approved by the Department of the Army for filing in the AMHRR.  Under certificates of achievement the table refers to Army Regulation 600-8-22 (Military Awards).

11.  Paragraph 10-2a of Army Regulation 600-8-22 states that certificates other than those specifically authorized by the Secretary of the Army will not be issued.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's records do not show any indiscipline or lost time, he received "excellent" conduct and efficiency ratings throughout his period of military service, and there is no record of a commander's disqualification.  He was promoted to specialist five.  Therefore, the preponderance of the evidence shows the applicant is entitled to the first award of the Army Good Conduct Medal based on completion of qualifying service from 27 September 1963 to 26 September 1966.

2.  His AMHRR contains orders awarding him the Expert Marksmanship Qualification Badge with Rifle Bar.  Therefore, this award should be added to his DD Form 214.

3.  Although he stated three letters of commendation were not in his AMHRR, he provided two letters of appreciation and a certificate.

4.  Copies of the two letters of appreciation provided by the applicant are already contained in his AMHRR.  Therefore, there is no correction required.

5.  The certificate for the Order of the Green Worm he provided is a locally produced certificate provided by his unit to recognize his faithful and diligent service.  However, it is not a certificate authorized by the Secretary of the Army.  Therefore, this certificate should not be placed in his AMHRR.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ____X___  ___X__ _  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial 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 
27 September 1963 to 26 September 1966; and

	b.  amending his DD Form 214 by adding the:

* Army Good Conduct Medal (1st Award)
* Expert Marksmanship Qualification Badge with Rifle Bar

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to the certificate for the Order of the Green Worm.  




      _______ _  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)                                         AR20130003326



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ABCMR Record of Proceedings (cont)                                         AR20130003326



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