BOARD DATE: 5 November 2013
DOCKET NUMBER: AR20130005639
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 was given the medal and ribbon upon leaving active duty and he was told the paperwork would follow. He never received orders and the award does not appear on his DD Form 214 (Report of Separation from Active Duty).
3. The applicant provides a copy of his DD Form 214 and a self-authored statement.
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 4 March 1971 for a period of
3 years. He held military occupational specialty 63F (Recovery Vehicle Operator).
3. He served in U.S. Army Europe in Germany from 26 July 1971 to 22 February 1974. He was promoted to the rank/grade of specialist four (SP4)/E-4, effective
15 February 1972.
4. On 25 February 1974, he was honorably released from active duty as an overseas returnee and 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 22 days of total active service with no time lost. The DD Form 214 he was issued at the time shows he was awarded or authorized the:
* National Defense Service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* First Class Gunner (Sharpshooter) Marksmanship Qualification Badge with Grenade Bar
5. His records do not contain orders awarding him the Army Good Conduct Medal.
6. Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received all "excellent" conduct and efficiency ratings throughout his military service.
7. There is no evidence of any derogatory information or a commander's disqualification that would have precluded him from being recommended for or awarded the first award of the Army Good Conduct Medal.
8. 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 4 March 1971 through 25 February 1974. He served in Germany, 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.
2. In view of the foregoing, it would be appropriate at this time to award him the Army Good Conduct Medal (1st Award) for the period 4 March 1971 through
25 February 1974 and to correct his DD Form 214 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 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 4 March 1971 through 25 February 1974 and adding this award to his DD Form 214.
_________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) AR20130005639
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ABCMR Record of Proceedings (cont) AR20130005639
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