IN THE CASE OF:
BOARD DATE: 17 June 2014
DOCKET NUMBER: AR20130018822
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 met all the requirements.
3. The applicant provides copies of an 18 May 2009 letter from the National Personnel Records Center, a 21 January 2009 memorandum from the Idaho Army National Guard, and a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty).
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 22 February 1983. He completed training as a Lance missile crewman and progressed normally. On 1 November 1984 he was advanced early to pay grade E-4 based on a waiver of the applicable time in grade/service provisions.
3. There is no record of any misconduct and no derogatory information.
4. The applicant was separated with an honorable characterization of service on 21 February 1985 at the completion of his required active duty service. He was transferred to the U.S. Army Reserve Control Group (Annual Training).
5. He later joined the Idaho Army National Guard.
6. 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. However, there was no right or entitlement to the medal. The unit commander was to prepare a statement of the rationale for any disqualification. The lack of official disqualifying comment by a previous commander qualified the use of such period toward the award by a current commander.
DISCUSSION AND CONCLUSIONS:
The applicant distinguished himself by his behavior and performance during a qualifying period of more than 1 year. There is no record of any disqualifying information or statement. The applicant qualified for the Army Good Conduct Medal. It should be awarded and added to his DD Form 214.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X____ ___X____ ___X____ 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 (First Award) for the period 22 February 1983 through 21 February 1985 and adding it 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) AR20130018822
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ABCMR Record of Proceedings (cont) AR20130018822
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