BOARD DATE: 8 September 2011 DOCKET NUMBER: AR20110004267 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. 2. He states he was qualified for the award and believes he should receive it. 3. He provides a copy of his DD Form 214 (Armed Forces of the United States 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's military records show he was inducted into the Army of the United States in pay grade E-1 on 5 March 1968. He completed training and he was awarded military occupational specialty 63B, Engine and Powertrain Repairman. He served in Okinawa from 8 September 1968 through 19 February 1970. 3. He was honorably released from active duty in pay grade E-5 on 19 February 1970, as an overseas returnee, and he was transferred to the U.S. Army Reserve Control Group (Annual Training). 4. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaigns Ribbons Awarded or Authorized) of his DD Form 214 shows the National Defense Service Medal. 5. Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings throughout his period of service. There is no evidence of any disciplinary action during his period of active service. There also is no evidence of a commander's disqualification for the first award of the Army Good Conduct Medal. 6. Item 41 (Awards and Decorations) of his DA Form 20 shows he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14). 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 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: 1. The evidence of record shows the applicant appears to have met the criteria for the first award of the Army Good Conduct Medal; however, for unknown reasons he was not awarded this medal. There is no evidence of record which shows he was disqualified by his commander for this medal. Therefore, his DD Form 214 should be corrected to show the Army Good Conduct Medal (1st Award) for the period 5 March 1968 through 19 February 1970. 2. The evidence of record also shows he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14). Therefore, he is also entitled to correction of his DD Form 214 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 the evidence presented is 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 5 March 1968 through 19 February 1970; and b. adding the following awards to Item 24 of his DD Form 214: * Army Good Conduct Medal (1st Award) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) _______ _ 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) AR20110004267 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110004267 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1