IN THE CASE OF:
BOARD DATE: 19 June 2014
DOCKET NUMBER: AR20130019012
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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Army Good Conduct Medal.
2. The applicant states:
* he did not receive the Army Good Conduct Medal because he received an Article15 while assigned to Vint Hills Farms, VA
* the Article 15 was based on false evidence, an act of discrimination, retaliation, and harassment by his supervising and commanding officers
* his service to his country was exemplary as demonstrated by the numerous awards he received
3. The applicant provides a three-page 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 10 October 1969.
3. Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows his conduct and efficiency were rated as "Good" while assigned to Fort Carson, CO.
4. His record contains his disciplinary history which shows the acceptance of nonjudicial punishment under the provisions of Article 15 of the Uniform Code of Military Justice (UCMJ) for one instance of being disrespectful toward a commissioned officer on 21 July 1972.
5. On 10 October 1972, he was released from active after serving honorably for 3 years and 1 day of total active service. The DD Form 214 he was issued at the time shows the National Defense Service Medal, Vietnam Service Medal with one bronze service star, Republic of Vietnam Campaign Medal with "1960" Device, Army Commendation Medal, one Overseas Service Bar, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).
6. His record is void of any evidence and he has not provided any evidence that shows he was discriminated against during his assignment at Vint Hill Farms, VA or during any other period of assignment.
7. 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 qualifying period of active enlisted service. This period was 3 years except in those cases when 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. There is no evidence of record nor did the applicant submit any evidence that shows he was discriminated against while assigned to Vint Hills Farm, VA or during any other period of assignment.
2. The available evidence shows the applicants conduct and efficiency were rated as "Good" during one period of assignment (while at Fort Carson). An enlisted person must have had all "excellent" conduct and efficiency ratings for
award of the Good Conduct Medal. Therefore, he is not entitled to have his
DD Form 214 corrected to show this award.
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) AR20130019012
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ABCMR Record of Proceedings (cont) AR20130019012
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