IN THE CASE OF:
BOARD DATE: 14 August 2014
DOCKET NUMBER: AR20130021638
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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show any awards and decorations to which he may be entitled.
2. The applicant states he would like to be awarded any decorations, medals, badges, commendations, or ribbons issued after his discharge.
3. The applicant provides a copy of his 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 was inducted into the Army of the United States on 21 June 1968. He served as a tank commander in Germany from 15 November 1968 through 10 June 1970.
3. His DA Form 137 (Installation Clearance Record), dated 3 June 1970, shows he was recommended for award of the Army Good Conduct Medal and his conduct and efficiency ratings were "excellent."
4. Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) shows the:
* Sharpshooter Marksmanship Qualification Badge
* National Defense Service Medal
* Army Good Conduct Medal (no orders/authority is cited for this award)
5. On 12 June 1970, he was honorably released from active duty in the rank of sergeant after completing 1 year, 11 months, and 22 days of creditable active service with no lost time.
6. His DD Form 214 shows he was awarded or authorized the:
* National Defense Service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
7. His record does not contain orders awarding him the Army Good Conduct Medal; however, there is no evidence of any disciplinary action or a commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal.
8. 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:
The applicant was honorably released from active duty in the rank of sergeant with almost 2 years of total active service and no lost time. He received all "excellent" conduct and efficiency ratings throughout his service and he had no record of any disciplinary action or a commander's disqualification. It appears he met the eligibility criteria for the Army Good Conduct Medal (1st Award) for the period 21 June 1968 through 12 June 1970, based on his completion of a period of qualifying service ending with the termination of a period of Federal military service. Therefore, he should be awarded the Army Good Conduct Medal (1st Award) and his 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 the evidence presented is 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 him the Army Good Conduct Medal (1st Award) for the period 21 June 1968 through 12 June 1970 and
b. adding the Army Good Conduct Medal (1st Award) 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) AR20130021638
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ABCMR Record of Proceedings (cont) AR20130021638
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