BOARD DATE: 25 November 2014
DOCKET NUMBER: AR20140005095
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. He states, in effect, he was in the military from 19 May 1967 to 18 May 1970, a period of 3 years, and he did not receive the Army Good Conduct Medal.
3. He provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
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 19 May 1967 for a period of
3 years.
3. His DA Form 20 (Enlisted Qualification Record) shows in:
a. item 31 (Foreign Service), he served in Vietnam from 10 November 1967 to 4 November 1968;
b. item 33 (Appointments and Reductions), he was promoted to specialist five (SP5)/E-5 on 17 July 1969;
c. item 38 (Record of Assignments), he received conduct and efficiency ratings of "unknown/fair" during the period 22 July to 5 August 1967 and "excellent/fair" during the period 6 to 25 August 1967; and
d. item 38, he was assigned to Company A, 35th Engineer Battalion in Vietnam from 15 November 1967 to 3 November 1968.
4. His service record is void of orders that awarded him the Army Good Conduct Medal.
5. On 18 May 1970, he was honorably released from active duty in the rank of SP5/E-5. He completed 3 years of total active service with no time lost. He was transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining service obligation.
6. His DD Form 214 does not show award of the Army Good Conduct Medal.
7. Army Regulation 672-5-1 (Awards), in effect at the time, states 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 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's service record is void of orders showing he was awarded the Army Good Conduct Medal.
2. The Military Awards regulation in effect at the time directs that the enlisted person must have had all "excellent" conduct and efficiency ratings. However, his military record shows he had "fair" conduct and efficiency ratings during the period 19 May 1967 through 18 May 1970, which is a disqualifying factor for award of the Army Good Conduct Medal. Therefore, there is no basis for awarding him 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) AR20140005095
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ABCMR Record of Proceedings (cont) AR20140005095
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