IN THE CASE OF:
BOARD DATE: 17 July 2014
DOCKET NUMBER: AR20130019264
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 the Army Good Conduct Medal be added to his
DD Form 214 (Report of Separation from Active Duty).
2. The applicant states he was awarded the medal on active duty and the orders were mailed to his home. He didn't keep the paper because he thought it was in his permanent record. He now desires to obtain the medal as the only tangible recognition of his honorable military service.
3. The applicant provides:
* DD Form 214
* a letter, dated 8 June 2013, from National Personnel Records Center (NPRC), St. Louis, MO
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 3 October 1975, he enlisted in the Regular Army for 3 years. He was promoted to specialist four on 1 April 1977.
3. On 26 September 1978, he received nonjudicial punishment (NJP) for willfully disobeying a lawful order from a noncommissioned officer.
4. On 2 October 1978, he was released from active duty. He completed 3 years of active service that was characterized as honorable. His DD Form 214 does not show he was awarded the Army Good Conduct Medal.
5. Item 9 (Awards, Decorations & Campaigns) on his DA Form 2-1 (Personnel Qualification Record) does not show he was awarded the Army Good Conduct Medal.
6. There are no orders in his Military Personnel Records Jacket (MPRJ) awarding him the Army Good Conduct Medal.
7. There is no record of time lost or court-martial. There are no entries indicating the applicants chain of command disqualified him from award of the Army Good Conduct Medal.
8. Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who had completed a qualified period of active duty enlisted service. This period was each 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service. An individual was required to show that they willingly complied with the demands of the military environment, had been loyal and obedient, and faithfully supported the goals of his organization and the Army. While any record of nonjudicial punishment could be in conflict with recognizing the Soldier's service as exemplary, such record should not be viewed as automatically disqualifying. 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.
9. Army Regulation 600-8-104 (Military Personnel Information Management/Records) prescribes the policies governing the Official Military Personnel File, the Military Personnel Records Jacket, the Career Management Individual File, and Army Personnel Qualification Records. In pertinent part, this regulation states that for U.S. military decorations the only acceptable source documentation is the order, letter, or memorandum which awards the decoration.
DISCUSSION AND CONCLUSIONS:
1. There are no orders awarding the applicant the Army Good Conduct Medal. In accordance with Army Regulation 600-8-104 the only acceptable source documentation for a U.S. military decoration is the order, letter, or memorandum which awards the decoration.
2. He had no record of time lost or court-martial. However, he received NJP for willfully disobeying a lawful order from a noncommissioned officer. This is considered a serious breach of discipline, especially from a Soldier with his experience. Therefore, this instance of NJP appears to have disqualified him for the award of the Army Good Conduct Medal.
3. Therefore, there is insufficient evidence to support adding the Army Good Conduct Medal to the applicant's DD Form 214.
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) AR20130019264
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ABCMR Record of Proceedings (cont) AR20130019264
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