IN THE CASE OF:
BOARD DATE: 4 September 2014
DOCKET NUMBER: AR20140001574
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 earned the Army Good Conduct Medal during his period of service and it is absent from his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 25 April 1969.
3. The applicant provides 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. On 28 April 1966, he enlisted in the Regular Army for 3 years.
3. His conduct and efficiency ratings were "excellent" while assigned to basic combat and advanced individual training.
4. On 3 September 1966, he was assigned to Company D, 75th Engineer Battalion at Fort Lewis, WA.
a. On 29 May 1967, he received nonjudicial punishment (NJP) for operating a military vehicle in a reckless manner, by driving at an excess speed, and thereby causing an accident.
b. He received conduct and efficiency ratings of "good" during the period
3 September 1966 through 27 June 1967.
5. He served in the Republic of Vietnam from 4 August 1967 to 28 July 1968. He was assigned to:
* Company D, 46th Engineer Battalion (Construction) from 4 August 1967 to
2 January 1968
* Company A, 588th Engineer Battalion from 3 January to 28 July 1968
6. He received conduct and efficiency ratings of "excellent" for the following periods:
* 4 August 1967 - 2 January 1968 and 3 January - 28 July 1968
* 6 September 1968 - 10 April 1968
7. On 25 April 1969, he was released from active duty. He completed 2 years,
11 months, and 28 days of active service that was characterized as honorable. His DD Form 214 does not show he was 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 exemplary behavior, efficiency, and fidelity in active Federal military service. 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
* 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.
DISCUSSION AND CONCLUSIONS:
The applicant received NJP and conduct and efficiency ratings of "good" during the period from 3 September 1966 through 27 June 1967 while assigned to Company D, 75th Engineer Battalion. Therefore, he is not entitled to the Army Good Conduct Medal.
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) AR20140001574
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ABCMR Record of Proceedings (cont) AR20140001574
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