IN THE CASE OF:
BOARD DATE: 27 February 2014
DOCKET NUMBER: AR20130010777
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 should be issued the medal for serving one year during a wartime period
* it was an oversight when he was discharged
3. The applicant provides no additional documentary evidence.
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 2 August 1966. He completed his training and was awarded military occupational specialty 63C (track vehicle mechanic). He served in Vietnam from 12 June 1967 to
9 June 1968. On 11 June 1968, he was honorably released from active duty in the temporary rank of specialist four after completing 1 year, 10 months, and
10 days of creditable active service with no time lost.
3. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he was awarded or authorized the:
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
4. There are no orders for the Army Good Conduct Medal in the available records.
5. His record contains a DA Form 20 (Enlisted Qualification Record) that shows in item 38 (Record of Assignments) he received all "excellent" conduct and efficiency ratings throughout his service.
6. There also is no evidence of any disciplinary or adverse actions or a commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal.
7. A DD Form 215 (Correction to DD Form 214), dated 13 November 2007, amended his DD Form 214 by deleting the Vietnam Service Medal and adding the:
* Army Commendation Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation Badge
* Vietnam Service Medal with three bronze service stars
* entry "Vietnam Service: 12 Jun 67 09 JUN 68//NOTHING FOLLOWS" in item 30 (Remarks)
8. 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 the 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. The enlisted person must have had all "excellent" conduct and efficiency ratings. There must have been no convictions by a court-martial.
DISCUSSION AND CONCLUSIONS:
The applicant was honorably released from active duty in the temporary rank of specialist four with 22 months of total active service and no time lost. He received all "excellent" conduct and efficiency ratings throughout his service and he had no record of any disciplinary actions or a commander's disqualification. It appears he was not recommended for or awarded the first award of the Army Good Conduct Medal as a result of an administrative error. Therefore, it would be appropriate at this time to award him the Army Good Conduct Medal
(1st Award) for the period 2 August 1966 through 11 June 1968 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:
a. awarding him the first award of the Army Good Conduct Medal for the period 2 August 1966 through 11 June 1968; and
b. adding the Army Good Conduct Medal (1st 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) AR20130010777
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ABCMR Record of Proceedings (cont) AR20130010777
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