IN THE CASE OF:
BOARD DATE: 5 June 2014
DOCKET NUMBER: AR20130016208
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 wasn't recommended for the Army Good Conduct Medal because he was deployed on short notice. He had only 3 days to report.
3. The applicant provides no additional supporting documents.
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 25 April 1966, the applicant enlisted in the Regular Army. He completed training and he was awarded military occupational specialty 83D as a photography processor.
3. His DA Form 20 (Enlisted Qualification Record) shows he served at Fort Belvoir, VA until 3 March 1968 when he was transferred to the 40th Engineer Company in Korea. He served there until April 1969 when he was returned to the United States for separation. All of his conduct and efficiency ratings were "Excellent" except for the "Good" he received for efficiency in his last assignment.
4. On 17 April 1969, the applicant was honorably released from active duty and transferred to the U.S. Army Reserve as a specialist five, pay grade E-5. He subsequently affiliated with the California Army National Guard and retired as a sergeant major.
5. 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 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. Ratings of Unknown for portions of the period under consideration were not disqualifying. Service school efficiency ratings based upon academic proficiency of at least Good rendered subsequent to 22 November 1955 were not disqualifying. There must have been no convictions by a 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. At the time of the applicant's initial tour of active duty exclusively "Excellent" conduct and efficiency ratings were required. The applicant did not meet this criterion.
2. There is no available evidence the applicant was ever awarded, authorized, or recommended for award of the Army Good Conduct Medal.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X____ ___X_____ ____X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
___________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) AR20130016208
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ABCMR Record of Proceedings (cont) AR20130016208
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