IN THE CASE OF: BOARD DATE: 10 February 2011 DOCKET NUMBER: AR20100020518 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 Good Conduct Medal. 2. The applicant states: * He is entitled to a Good Conduct Medal * He received an honorable discharge 3. The applicant provides: * Honorable Discharge Certificate from the U.S. Army Reserve * Request Pertaining to Military Records * Letter, dated 8 July 2010, from the National Personnel Records Center in St. Louis, MO * DD Form 214 (Report of Transfer or Discharge) 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 28 June 1963 for a period of 3 years. He served as a fuel and electrical systems repairman. On 15 June 1966, he was released from active duty in the rank of specialist four after completing 2 years, 11 months, and 18 days of creditable active service with no time lost. 3. Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the National Defense Service Medal and Sharpshooter Marksmanship Qualification Badge with Rifle Bar as authorized awards. 4. There is no evidence the applicant received the first award of the Good Conduct Medal. There also is no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal. His records show he received conduct and efficiency ratings of "excellent" throughout his service. 5. Army Regulation 672-5-1 (Awards), in effect at the time, provided policy and criteria concerning individual military decorations. It stated that 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 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. At the time, a Soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service. DISCUSSION AND CONCLUSIONS: The applicant was released from active duty in the rank of specialist four with almost 3 years of creditable active service with no time lost. His records also show he received "excellent" conduct and efficiency ratings throughout his service with no disciplinary action or a commander's disqualification. It appears he met the eligibility criteria for the first award of the Good Conduct Medal for the period 28 June 1963 through 15 June 1966 based on completion of a period of qualifying service ending with the termination of a period of Federal military service. Therefore, his DD Form 214 should be corrected to show this award. 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 him the first award of the Good Conduct Medal for the period 28 June 1963 through 15 June 1966; and b. adding the Good Conduct Medal to item 25 of his DD Form 214. _______ _ _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) AR20100020518 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20100020518 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1