IN THE CASE OF:  	  

		BOARD DATE:  29 October 2015  	  

		DOCKET NUMBER:  AR20150003818 


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 and its addition to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 18 January 1965.

2.  The applicant states:

   a.  He should be awarded the Army Good Conduct Medal for his honorable and continuous faithful service to his country.  His entire period of active duty and active Reserve service was performed to the best of his ability.  The 4 days of time lost was a result of problems (family) at home which he had to handle while on official leave.  After being disciplined on 4 January 1963, he served his remaining enlistment of 2 years and 14 days with honorable service.  His good time was reset and should qualify him for the Army Good Conduct Medal since it was during wartime (Vietnam).  He made up the 4 days of time lost and he was promoted twice in the same year.  

   b.  He is submitting a copy of page 1 of a DA Form 24 (Service Record) showing on 4 January 1963 he was reduced from private first class/E-3 to private/E-2 due to 4 days of time lost from 29 December 1962 through 1 January 1963.  These 4 days were a result of him being on official leave at home and he was late reporting back to his unit.  He telephoned and informed his unit that he would be late.  The form also shows he was again promoted to pay grade E-3 on 8 April 1963 and to pay grade E-4 on 9 December 1963.

   c.  He was informed by a Department of Veterans Affairs doctor that since he had been disciplined his good service time should have been reset.  The doctor also informed him that since he continued to serve the remaining 2 years and 14 days during wartime (Vietnam) without incident, was recognized with two promotions and a Letter of Appreciation, and had faithful active service in the Reserves he should submit a request to this Board for award of the Army Good Conduct Medal.

3.  The applicant provides copies of page 1 of his DA Form 24 (Service Record) and six Honorable Discharge (HD) Certificates for the period between 31 May 1977 and 20 May 1981.

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 the cases 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.

2.  The applicant enlisted in the Regular Army (RA) on 15 January 1962 for 3 years.  He held military occupational specialty 711.20 (clerk typist).  He was advanced to pay grade E-3 on 1 October 1962.

3.  His record contains a DA Form 24, for the period 15 January 1962 through 18 January 1965, that shows in:

* Section 1 (Appointments, Promotions, or Reductions) –

* he was reduced to pay grade E-2 on 4 January 1963
* he was advanced  to pay grade E-3 on 8 April 1963
* he was promoted to pay grade E-4 on 9 December 1963

* Section 4 (Chronological Record of Military Service) – he received "excellent" conduct and efficiency ratings throughout his period of service
* Section 6 (Time Lost) – he was absent without leave (AWOL) for 4 days from 29 December 1962 through 1 January 1963
* Section 9 (Medals, Decorations, and Citations) – the:

* Expert Marksmanship Qualification Badge with Rifle Bars (M-1) and (M-14)
* Marksman Marksmanship Qualification Badge with Carbine Bar
* 1 Year Safe Driver Badge
* Letter of Appreciation
* Armed Forces Expeditionary Medal

* Section 10 (Remarks) – the entry, "RE (Reentry) – 3B Not Eligible for Reenlistment"

4.  He was honorably released from active duty in pay grade E-4 on 18 January 1965 and was transferred to the U.S. Army Reserve (USAR).  He was credited with completing 3 years of total active service and 4 days of time lost.  His DD Form 214 lists the:

* Expert Marksmanship Qualification Badge with Rifle Bar
* Marksman Marksmanship Qualification Badge with Carbine Bar
* 1 Year Safe Driver Badge
* Letter of Appreciation
* Armed Forces Expeditionary Medal

5.  He provided copies of five HD Certificates showing he was discharged from the USAR for the purpose of immediate reenlistment on 31 December 1967, 15 June 1975, 22 July 1976, 31 May 1971, and 31 May 1978.

6.  Letter Orders Number 04-1021311 honorably discharged him from the USAR effective 20 May 1981.  He also provided a copy of the resulting HD Certificate.

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 service entirely during the period 7 December 1941 through 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-marital.  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.

8.  Army Regulation 600-8-22 (Military Awards) states the National Defense Service Medal is awarded for honorable active service for any period between 1 January 1961 and 14 August 1974.

9.  Army Regulation 601-210 (Active and Reserve Components Enlistment Program), in effect at the time, covered eligibility criteria, policies, and procedures for enlistment and processing into the RA and the USAR.  Chapter 3 of the regulation included a list of the RA RE codes.  RE-3B applied to Soldiers who were not considered fully qualified for reentry or continuous service at time of separation because of time lost, but the disqualification was waivable and they were ineligible for enlistment unless a waiver was granted.

DISCUSSION AND CONCLUSIONS:

1.  Notwithstanding the accrual of 4 days of time lost and being assigned RE-3, the applicant enlisted for and completed 3 years of honorable service, received all “excellent" conduct and efficiency ratings throughout his period of service, and he attained pay grade E-4.  It appears he is eligible for award of the Army Good Conduct Medal (1st Award) for his period of service from 15 January 1962 through 18 January 1965 and its addition to his DD Form 214.

2.  His active duty service meets the criteria for the National Defense Service Medal, which is not listed on his DD Form 214.  

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:

* awarding him the Army Good Conduct Medal (1st Award) for his period of service from 15 January 1962 through 14 January 1965
* adding to his DD Form 214 the Army Good Conduct Medal (1st Award) and National Defense Service Medal



      __________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)                                         AR20150003818





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ABCMR Record of Proceedings (cont)                                         AR20150003818



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