IN THE CASE OF:
BOARD DATE: 7 May 2015
DOCKET NUMBER: AR20140016315
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 that he be awarded the Army Good Conduct Medal.
2. The applicant states he met the requirements for the above award, but he never received it.
3. The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), and a State of Illinois, Department of Veterans Affairs claim sheet.
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 applicants 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 applicants 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 13 August 1968 and held military occupational specialty (MOS) 71B (Clerk-Typist). He served in the Republic of Vietnam from 28 November 1969 to 8 November 1970 while assigned to Headquarters and Headquarters Detachment, 99th Combat Service and Support Battalion, 3d Brigade, 9th Infantry Division in his secondary MOS of 64A (Light Vehicle Driver). The highest rank/grade he attained while serving on active duty was specialist/E-4.
3. On 9 April 1970, he received nonjudicial punishment under the provisions of Article 15, Uniform Code of Military Justice, for wrongfully appropriating a 1/4 ton truck, the property of the U.S. Government.
4. Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received a "good" conduct and efficiency rating for the period 11 December 1969 to 31 August 1970 while he received all "excellent" conduct and efficiency ratings throughout the rest of his service.
5. He was honorably released from active duty and transferred to the U.S. Army Reserve on 12 August 1971. He completed 3 years of total active service.
6. There are no orders or any other evidence showing he was awarded or recommended for the Army Good Conduct Medal.
7. The applicant submitted a State of Illinois, Department of Veterans Affairs claim sheet showing submission of his application to the ABCMR.
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 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. Ratings of "unknown" for portions of the period under consideration were not disqualifying. Service school efficiency ratings based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 were not disqualifying. There must have been no convictions by a court-martial. 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for award of the Army Good Conduct Medal has been carefully considered.
2. The applicant's DA Form 20 covering his active service shows he attained a "good" conduct and efficiency rating during the period from 11 December 1969 to 31 August 1970. The eligibility criteria for the Army Good Conduct Medal states an enlisted Soldier must have had all "excellent" conduct and efficiency ratings throughout their active duty service. In addition, there is no evidence of a positive recommendation from his immediate commander or orders announcing the award. As a result, he is not eligible for the Army Good Conduct Medal.
3. Based on the foregoing, there is no basis for granting the applicant's requested relief.
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) AR20120019289
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20140016315
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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