IN THE CASE OF:
BOARD DATE: 23 June 2015
DOCKET NUMBER: AR20140019247
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 was recommended for award of the Army Good Conduct Medal but never received this award. He has documentation that shows he was recommended for the award.
3. The applicant provides:
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* DA Form 137 (Installation Clearance Record)
* two copies of Special Orders (SO) Number 61, dated 16 March 1960
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 enlisted in the Regular Army on 26 June 1957 and he held military occupational specialty 632.20 (Track Vehicle Mechanic).
3. He served in Alaska from on or about 25 January 1958 to on or about 26 April 1960. He was assigned to the 536th Transportation Company (Armored Carrier).
4. Section 4 (Chronological Record of Military Service) of his DA Form 24 (Service Record) shows he received the following ratings:
* "Excellent" conduct and efficiency ratings from 26 June 1957 to 18 January 1958
* "Good" conduct and efficiency ratings from 26 January 1958 to 29 May 1959
* "Excellent" conduct and efficiency ratings from 30 May 1959 to 25 April 1960
5. His DA Form 137, dated 23 March 1960, shows he received "excellent" conduct and efficiency ratings and he was recommended for award of the Army Good Conduct Medal.
6. There are no orders in his service record that confirm he was awarded the Army Good Conduct Medal.
7. He was honorably released from active duty in the rank/grade of specialist four/E-4 (Temporary (T)) on 29 April 1960. His DD Form 214 shows he completed 2 years, 10 months, and 4 days of active service with no lost time. He was fully eligible to reenlist. It also shows he was awarded or authorized the:
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Sharpshooter Marksmanship Qualification Badge with Carbine Bar
* Mechanic Badge with Bar
8. Army Regulation 600-65 (Service Medals), 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. A Soldier's conduct and efficiency ratings, including those pertinent to attendance at service schools, must have all been recorded as "excellent" or higher. There must have been no convictions by 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 regulation governing award of the Army Good Conduct Medal at the time required an enlisted member's conduct and efficiency ratings, including those pertinent to attendance at service schools, to have all been recorded as "excellent" or higher.
2. The Army Good Conduct Medal is awarded on a selective basis to each Soldier who distinguishes himself or herself from among his or her fellow Soldiers by their exemplary conduct, efficiency, and fidelity throughout a specified period of continuous enlisted active Federal military service.
3. Upon outprocessing his unit in Alaska, his unit commander at the time indicated his conduct and efficiency ratings were "excellent" and indicated he was recommended for award of the Army Good Conduct Medal. However, there is no right or entitlement to the medal until the award has been announced in permanent orders.
4. Therefore, notwithstanding the entry on the DA Form 137, the "Good" conduct and efficiency ratings from 26 January 1958 to 29 May 1959, while a member of the 536th Transportation Company would have made him ineligible for award of the Army Good Conduct Medal. As such, there appears to be an insufficient basis for granting his request for award of this 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) AR20140019247
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ABCMR Record of Proceedings (cont) AR20140019247
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