IN THE CASE OF:  

		BOARD DATE:  11 August 2015

		DOCKET NUMBER:  AR20150000752


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 (Report of Separation from Active Duty) to show award of the Army Good Conduct Medal.

2.  The applicant states the governing Army regulation states a Soldier is authorized the Army Good Conduct Medal after 3 years of active duty with no problems reflected in his personnel file.  He met the criteria for award of this medal.

3.  The applicant provides no additional evidence.

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 29 June 1971.  He held primary military occupational specialty (MOS) 11B (Light Weapons Infantryman) and secondary MOS 31B (Field Radio Mechanic).

3.  Headquarters, U. S. Army Training Center, Infantry and Fort Polk, Special Orders Number 304, dated 6 November 1971, awarded him the Sharpshooter Marksmanship Qualification Badge with Grenade Bar.

4.  His DA Form 20 (Enlisted Qualification Record) shows in:

	a.  item 31 (Foreign Service), he served in Hawaii from 11 December 1971 through 27 June 1974;

	b.  item 38 (Record of Assignments), he received all "excellent" conduct and efficiency ratings throughout his service; and

	c.  item 41 (Awards and Decorations), he was awarded or authorized the National Defense Service Medal, Sharpshooter Marksmanship Qualification Badge with Rifle and Rocket Launcher Bars, and Marksman Marksmanship Qualification Badge with Machine Gun Bar.

5.  There is no record of any court-martial or any other type of adverse action in his available records.  There is also no record of a commander's disqualification that would have precluded him from being recommended for or awarded the Army Good Conduct Medal.

6.  He was honorably released from active duty (REFRAD) on 28 June 1974 in the rank of specialist four (SP4)/E-4.  He completed 3 years of active duty service.  His DD Form 214 shows he was awarded or authorized the National Defense Service Medal, Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and Marksman Marksmanship Qualification Badge with Machine Gun Bar.

7.  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.  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.  Records show the applicant distinguished himself in the performance of his military service as evidenced by his exclusively "excellent" conduct and efficiency ratings, promotion to SP4, and honorable REFRAD.  There is no evidence of a commander's disqualification for the first award of the Army Good Conduct Medal.  Therefore, it would be appropriate at this time to award him the Army Good Conduct Medal (1st Award) for the period 29 June 1971 through 28 June 1974 and to correct his DD Form 214 to show this award.

2.  His DA Form 20 shows he was awarded the Sharpshooter Marksmanship Qualification Badge with Rocket Launcher Bar.

3.  Orders show he was awarded the Sharpshooter Marksmanship Qualification Badge with Grenade Bar.

4.  Therefore, his DD Form 214 should be corrected to show these awards.

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:

	a.  awarding him the Army Good Conduct Medal (1st Award) for the period 29 June 1971 through 28 June 1974 and



	b.  adding the following awards to his DD Form 214:

* Army Good Conduct Medal (1st Award)
* Sharpshooter Marksmanship Qualification Badge with Grenade and Rocket Launcher Bars



      ___________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)                                         AR20110006177



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ABCMR Record of Proceedings (cont)                                         AR20150000752



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