BOARD DATE: 11 May 2017 DOCKET NUMBER: AR20160001377 BOARD VOTE: ____x_____ ___x____ __x___ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 11 May 2017 DOCKET NUMBER: AR20160001377 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 Army Good Conduct Medal (1st Award) for the period of service of 1 April 1969 to 24 January 1971 and adding to his DD Form 214 the: * Army Good Conduct Medal (1st Award) * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) __________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. BOARD DATE: 11 May 2017 DOCKET NUMBER: AR20160001377 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). 2. The applicant states he enlisted in the Army on 1 April 1969 and he was honorably separated on 24 January 1971. He was separated early in order to return to college. He recently discovered that his DD Form 214 does not list the Army Good Conduct Medal. He never received this award. He never had any type of disciplinary action while in the Army. In fact, he was Soldier of the Month for his unit in March 1970. 3. The applicant provides a copy of his DD Form 214. 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, in pay grade E-1, on 1 April 1969, for 2 years. He held military occupation specialty 95B (Military Police). 3. The following orders were issued on/for: * Special Orders (SO) Number 97, 14 May 1969, awarding him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14) * SO Number 173, 21 August 1969, awarding him the Expert Marksmanship Qualification Badge with Rifle Bar (M-16) 4. He was promoted to the rank/pay grade of Specialist Four (SP4)/E-4 on 27 January 1970. 5. On 20 May 1970, he was issued a Letter of Commendation for having successfully passed the Fort Bragg Typing and Administrative Course. 6. On 2 December 1970, he requested an early release to attend college. With the support of his entire command, his request was approved on 17 December 1970. 7. He was honorably released from active duty, in pay grade E-4, on 24 January 1971, under the provisions of Army Regulation (AR) 635-200 (Personnel Separations – Enlisted Separations), Separation Program Number 413, for Early Separation to Attend School. He was transferred to the U.S. Army Reserve Control Group for completion of his Reserve obligation. He completed 1 year, 9 months, and 24 days of active service and no time lost. His DD Form 214 lists the National Defense Service Medal. 8. His DA Form 20 (Enlisted Qualification Record) shows in: * Item 38 (Record of Assignments) – he received "excellent" conduct and efficiency ratings throughout his period of service, the remarks section of this form does not show a commander's disqualification for award of the Army Good Conduct Medal * Item 41 (Awards and Decorations) – lists the National Defense Service Medal and Expert Marksmanship Qualification Badge with Rifle Bars (M-14 and M-16) REFERENCE: AR 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 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. DISCUSSION: 1. The evidence shows the applicant completed over 1 year of honorable service. He attained the rank/pay grade of SP4/E-4 and he received "excellent" conduct and efficiency rating during his period of active duty. There is no evidence of a commander's disqualification for award of the Army Good Conduct Medal during his period of service. It appears he qualified for award of the Army Good Conduct Medal (1st Award) for his period of service from 1 April 1969 to 24 January 1971 and its addition to his DD Form 214. 2. He was awarded the Expert Marksmanship Qualification Badge with Rifle Bars (M-14 and M-16) during his period of active duty. His DD Form 214 does not list these badges. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160001377 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160001377 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2