IN THE CASE OF:
BOARD DATE: 10 March 2015
DOCKET NUMBER: AR20140012998
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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the award of the Army Good Conduct Medal.
2. He states:
* the Army Good Conduct Medal may be awarded for 1 year of faithful service during times of war
* as noted on his DD Form 214, he served during the Vietnam War with
2 years of honorable service
3. He 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. The applicant's records show he was inducted into the Army of the United States on 14 July 1970.
3. His DA Form 20 (Enlisted Qualification Record) shows the following:
a. item 31 (Foreign Service) is blank;
b. item 38 (Record of Assignments) that he received all "excellent" conduct and efficiency ratings throughout his service; and
c. item 41 (Awards and Decorations) does not show award of the Army Good Conduct Medal.
4. He was released from active duty on 13 July 1972, after completing 2 years of creditable active service. His record does not contain any evidence of his being disqualified for award of the Army Good Conduct Medal. His DD Form 214 shows he was awarded or authorized the National Defense Service Medal and Parachutist Badge.
5. 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, 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 available evidence confirms the applicant served in the Army from
14 July 1970 to 13 July 1972. His records show he received "excellent" conduct and efficiency ratings throughout his service. There is no evidence of any derogatory information that would have disqualified him from award of the Army Good Conduct Medal. Therefore, it would be appropriate to award him the Army Good Conduct Medal (1st Award) for the period 14 July 1970 to 13 July 1972 and correct his DD Form 214 to show this medal.
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 awarding him the Army Good Conduct Medal (1st Award) for the period of service from 14 July 1970 to 13 July 1972 and adding it 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) AR20140012998
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ABCMR Record of Proceedings (cont) AR20140012998
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