IN THE CASE OF:	  

		BOARD DATE:	  1 September 2011

		DOCKET NUMBER:  AR20110003829 


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 due to an oversight he was not awarded the Good Conduct Medal.  He was promoted to pay grade E-5 and had "excellent" conduct and efficiency ratings.  He is a member of the Vietnam Veterans of America, the American Legion, and he is an active volunteer in his community. 

3.  The applicant provides copies of his DD Form 214 (Report of Transfer or Discharge), 1973 discharge orders, DA Form 20 (Enlisted Qualification Record), and three membership cards.

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 served on active duty in the Regular Army from 10 October 1967 through 2 October 1970 in military occupational specialty (MOS) 63C (General Vehicle Repairman) and in MOS 63H (Engine and Powertrain Repairman).

3.  His DA Form 20 provides the following:

	a.  advancement to specialist five (SP5)/E-5 effective 22 January 1969;

	b.  service in Germany from 3 June 1968 through 29 September 1969; 

	c.  award of the National Defense Service Medal and the Expert Marksmanship Qualification Badge with Rifle Bar; and

	d.  conduct and efficacy ratings recorded exclusively as "excellent."

4.  His DD Form 214 lists his awards as the National Defense Service Medal and the Expert Marksmanship Qualification Badge with Rifle Bar.

5.  The applicant's record contains no record of negative counseling, nonjudicial punishment, or court-martial conviction.

6.  Army Regulation 600-8-22 (Military Awards), chapter 4, states the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of active Federal military service.  A record of punishment is not automatically disqualifying.  However, at that time, a single efficiency rating of less than "excellent" was disqualifying.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  Current practice requires that the commander provide written notice of nonfavorable consideration and permits the individual to respond.  At that time, a disqualification was normally noted on the DA Form 20.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's record contains no derogatory entries, disciplinary actions, nonjudicial punishment, or courts-martial that would suggest he was considered not eligible for award of the Good Conduct Medal.

2.  The applicant distinguished himself by his conduct, efficiency and fidelity as evidenced by his conduct and efficiency ratings and his promotion to SP5.  His record contains no evidence of any disqualifying incidents or denial of the award. 3.  It is appropriate to award the applicant the Good Conduct Medal for his period of service from 10 October 1967 through 2 October 1970.

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 the applicant the Good Conduct Medal for his period of service from 10 October 1967 through 2 October 1970 and adding this award to 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)                                         AR20110003829



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110003829



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1