BOARD DATE: 23 June 2015
DOCKET NUMBER: AR20140019009
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 award of the Army Good Conduct Medal (AGCM).
2. The applicant states the issues he had prior to his service in Vietnam should have been deleted from his records. While the AGCM normally requires three years of good conduct, under Executive Order 10444 signed 10 April 1953, during Korea and future periods of war including Vietnam, it was reduced to 1 year of good conduct.
3. The applicant provides:
* DA Form 1 (Morning Report)
* DD Form 214
* DD Form 215 (Correction to DD Form 214 (Certificate of Release or Discharge from Active Duty))
* information pertaining to the AGCM
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 6 June 1967. He completed training and was awarded military occupational specialty 11B (Light Weapons Infantryman). The highest grade he attained was specialist (SP4)/E-4.
3. Special Court-Martial Order Number 15, issued by U.S. Army Special Forces Training Group (Airborne), Fort Bragg, NC, dated 1 August 1968 shows he was found guilty of:
* striking another Soldier
* being absent without leave from 15 June 1968 to 17 June 1968
* breaking restriction on 4 July 1968 and 13 July 1968
4. On 2 February 1970, he received nonjudicial punishment under the provisions of Article 15, Uniform Code of Military Justice, for failing to go to his appointed place of duty.
5. Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received:
* "fair" conduct and "good" efficiency ratings for the period 8 January 1968 to 30 September 1968
* "good" efficiency and conduct ratings for the period 15 October 1968 to 12 June 1969
* "unsat" conduct and "fair" efficiency ratings for the period 12 December 1969 to 10 June 1970
6. He was honorably released from active duty and transferred to the U.S. Army Reserve on 11 June 1970. He completed 3 years of total active service.
7. There are no orders or any other evidence showing he was awarded or recommended for 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 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the AGCM.
2. The evidence shows he did not attain the required "excellent" conduct and efficiency ratings while serving on active duty for award of the AGCM. Furthermore, he was convicted by a court-martial. As a result he is not eligible for the ACGM.
3. In view of the above, there is no basis for granting the 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) AR20140019009
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