IN THE CASE OF:
BOARD DATE: 8 September 2015
DOCKET NUMBER: AR20150002144
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) for the period ending 10 October 1973 to show award of the Army Good Conduct Medal.
2. The applicant states, in effect, he is authorized award of the Army Good Conduct Medal and it is not reflected on his DD Form 214.
3. The applicant provides his DD Form 214.
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 19 October 1970. After completing initial training he was awarded military occupational specialty
62E (Crawler Tractor Operator). The highest rank/grade he held was specialist four/E-4.
3. He was honorably released from active duty on 10 October 1973. His
DD Form 214 shows he completed 2 years, 11 months, and 22 days of net active creditable service. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows only the National Defense Service Medal.
4. His DA Form 20 (Enlisted Qualification Record) shows the following entries in:
a. Item 38 (Record of Assignments), the applicants conduct and efficiency were rated "excellent" for every assignment listed.
b. Item 41 (Awards and Decorations), no entry for the Army Good Conduct Medal.
5. His official military personnel file is void of any derogatory information.
6 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. There must have been no convictions by a court-martial.
DISCUSSION AND CONCLUSIONS:
It appears he met the criteria for award of the Army Good Conduct Medal
(1st Award) for the period 19 October 1970 to 10 October 1973. He should therefore be given this award and it should be added to his DD Form 214.
* there is no derogatory information in his available record
* he received all "excellent" ratings for conduct and efficiency throughout his term of service
BOARD VOTE:
____X____ ___X_____ ___X_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was 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 the applicant the Army Good Conduct Medal (1st Award) for the period 19 October 1970 to 10 October 1973; and
b. adding the Army Good Conduct Medal (1st Award) to item 24 of his
DD Form 214 for the period ending 10 October 1973.
_______ _ __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) AR20150002144
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ABCMR Record of Proceedings (cont) AR20150002144
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