IN THE CASE OF:
BOARD DATE: 10 September 2015
DOCKET NUMBER: AR20140017684
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 is entitled to the Army Good Conduct Medal due to his excellent service in Vietnam and Stateside during the full duration of his enlistment. Servicemen are entitled to this award who have successfully completed their time in service without any misconduct.
3. The applicant 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 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 was inducted into the Army of the United States on 27 November 1967.
3. He served in Vietnam from 15 May 1968 to on or about 9 May 1969 where he was assigned as a cook to the Service Battery, 1st Battalion, 83d Artillery Regiment. He participated in four campaigns during his service in Vietnam.
4. He was advanced to the rank/pay grade of specialist four/E-4 effective 16 November 1968.
5. Following his Vietnam service, he was assigned to Company C, 1st Battalion, 5th Advanced Individual Training Brigade, U.S. Army Training Center Infantry, Fort Polk, LA.
6. On 9 October 1969, he accepted nonjudicial punishment (NJP) under the provisions of Article 15 of the Uniform Code of Military Justice (UCMJ) for willfully and wrongfully exposing himself in public in an indecent manner. His punishment consisted of reduction to private first class (PFC)/E-3, a forfeiture of $107.00 pay for 1 month, and restriction to the company area for 30 days.
7. Item 38 (Record of Assignment) of his DA Form 20 (Enlisted Qualification Record) shows he received:
* "excellent" conduct and efficiency ratings from 11 December 1968 to 6 July 1969
* "satisfactory" conduct and efficiency ratings from 7 July 1969 to 26 November 1969
8. Item 41 (Awards and Decorations) of his DA Form 20 shows his authorized awards as the following:
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* two overseas service bars
9. He was honorably released from active duty in the rank/grade of PFC/E-3 on 26 November 1969. He completed 2 years of active duty service, including 11 months and 29 days of foreign service, with no lost time.
10. His DD Form 214 shows he was awarded or authorized the following:
* two overseas service bars
* National Defense Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Marksman Marksmanship Qualification Badge with Rifle Bar
* Vietnam Service Medal
11. 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. 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 contends he is entitled to award of the Army Good Conduct Medal for his excellent service in Vietnam and Stateside during the full duration of his enlistment without any misconduct.
2. However, his records show NJP was imposed against him under the provisions of Article 15 of the UCMJ on one occasion, resulting in his reduction in rank to PFC.
3. His records also show he did not have all "excellent" conduct and efficiency ratings. He received "satisfactory" conduct and efficiency ratings from 7 July 1969 until his release from active duty on 26 November 1969.
4. By regulation, there is no right or entitlement to award of the Army Good Conduct Medal until the immediate commander makes a positive recommendation for its award and until the awarding authority announces the award in general orders.
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 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.
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