IN THE CASE OF:
BOARD DATE: 19 June 2014
DOCKET NUMBER: AR20130019042
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 her Letter of Commendation be added to her DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and she requests award of the Army Good Conduct Medal.
2. She states:
* her Letter of Commendation was not put in her 201 File
* she was told that she would get her medal in Oakland, then Oakland [personnel] said she should have been given it at headquarters
* since she had to give up her sergeant stripe she thought she would lose her medal
3. She provides a Letter of Commendation and her DD Form 214.
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 August 1959.
3. Her DA Form 24 (Service Record) shows in:
a. Section 1 (Appointments, Promotions, or Reductions) she was promoted to the temporary rank and pay grade of specialist four (SP4)/E-4 on 11 October 1961.
b. Section 4 (Chronological Record of Military Service) she received "excellent" conduct and efficiency ratings throughout her tenure on active duty.
c. Section 5 (Service Outside Continental United States) she was credited with service in Okinawa from 8 June 1961 to 6 July 1962.
d. Section 6 (Time Lost under Section 6(a) Appendix 2b Manual for Court Martial (MCM) 51 and Subsequent to Normal Date ETS) no entry indicating she had lost time.
e. Section 9 (Medals, Decorations, and Citations) she received a Letter of Appreciation, dated 29 March 1961.
4. She provided a copy of a Letter of Commendation, dated 5 July 1962, which she received for her outstanding performance of duty during the past year in the Finance and Accounting Office.
5. She was discharged on 11 July 1962 in the rank/pay grade of SP4/E-4. She completed 2 years, 11 months, and 8 days of total active service with no lost time. Her service records do not contain a commander's disqualification for the first award of the Army Good Conduct Medal.
6. Her DD Form 214 shows she received a Letter of Appreciation.
7. 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:
1. The applicant received a Letter of Commendation on 5 July 1962; therefore, it should be added to her DD Form 214.
2. The applicant's service records are void of orders that show she was awarded the Army Good Conduct Medal for the period 4 August 1959 through 11 July 1962. There is no evidence available that indicates she received any disciplinary actions or a commander's disqualification that would have precluded her from being recommended for or awarded the first award of the Army Good Conduct Medal. Therefore, she should be awarded the Army Good Conduct Medal (1st Award) for the period 4 August 1959 through 11 July 1962 and her DD Form 214 should be corrected 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 her the Army Good Conduct Medal (1st Award) for the period 4 August 1959 through 11 July 1962; and
b. adding the Letter of Commendation and the Army Good Conduct Medal (1st Award) to her 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) AR20130019042
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ABCMR Record of Proceedings (cont) AR20130019042
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