IN THE CASE OF:	  

		BOARD DATE:	       23 October 2008

		DOCKET NUMBER:  AR20080010558 


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, in effect, that his DD Form 214 (Report of Transfer or Discharge) be corrected to show the Good Conduct Medal.

2.  The applicant states, in effect, that although he received the orders for a Good Conduct Medal, he never received the actual medal.  He would like to have his records corrected and to receive the medal.

3.  The applicant provides, in support of his application, copies of his DD Form 214; Headquarters, Picatinny Arsenal, Dover, New Jersey General Orders Number 4, dated 19 February 1971; Headquarters US Army Personnel Center, Fort Hamilton, Brooklyn, New York Special Orders 30, dated 12 February 1971; Office of the Adjutant General, USAR Components Personnel and Administrative Center, St. Louis, Missouri  Letter Orders Number 02-1064223, dated 26 February 1975; an Honorable Discharge Certificate, dated 1 March 1975; and a Picatinny Arsenal Certificate of Achievement.

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 was inducted and entered active duty on 26 March 1969, completed training, and was awarded the military occupational specialty 01B (Electrical Engineering Assistant).

3.  Headquarters, US Army Training Center, Armor, Fort Knox, Kentucky, Special Orders Number 127, dated 7 May 1969, awarded the applicant the Expert Marksmanship Qualification Badge with Rifle Bar.

4.  Headquarters, Picatinny Arsenal, Dover, New Jersey General Orders Number 4, dated 19 February 1971, awarded the applicant the Good Conduct Medal for exemplary behavior, efficiency, and fidelity during the period from 26 March 1969 through 25 March 1971.

5.  The applicant was honorably released from active duty on 25 March 1971 and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining military service obligation.  His DD Form 214 lists his authorized awards as the National Defense Service Medal and the Expert Marksmanship Qualification Badge with Rifle Bar.  

6.  The applicant's DA Form 20 (enlisted Qualification Record) lists his authorized awards as the Good Conduct Medal, the National Defense Service Medal, and the Expert Marksmanship Qualification Badge with Rifle Bar.  There is no indication that the applicant had any foreign service.

7.  Office of the Adjutant General, USAR Components Personnel and Administrative Center, St. Louis, Missouri Letter Orders 02-1064223, dated 26 February 1975, discharged the applicant from the USAR effective 1 March 1975.

DISCUSSION AND CONCLUSIONS:

The applicant's award of the Good Conduct Medal was inadvertently omitted from his DD Form 214.  It is appropriate to correct the record to reflect this award and to issue him the appropriate medal set. 

BOARD VOTE:

___X____  ___X____  ____X__  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1.  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 showing that in addition to the awards listed on his DD Form 214, the applicant was awarded the Good Conduct Medal.

2.  It would also be appropriate at this time to issue the applicant the Good Conduct Medal award set he claims he had not received.



      ___________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)                                         AR20080010558



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ABCMR Record of Proceedings (cont)                                         AR20080010558



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