BOARD DATE: 14 September 2017 DOCKET NUMBER: AR20160003366 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____x____ ____x____ _____x___ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 14 September 2017 DOCKET NUMBER: AR20160003366 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. ______________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: 14 September 2017 DOCKET NUMBER: AR20160003366 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 correction of his military records to show award of the Army Good Conduct Medal. 2. The applicant states he was favorably considered for award of the Army Good Conduct Medal in 1957. 3. The applicant provides: * DA Form 137 (Installation Clearance Certificate), dated 25 June 1957 * DA Form 2A (U.S. Army Reserve) (Personnel Qualification Record – Enlisted) * Certification of Military Service for the period ending 27 June 1957 * DD Form 214 for the period ending 29 June 1991 * DD Form 215 (Correction to DD Form 214) for the period ending 29 June 1991 * DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 13 January 1982 belonging to another Soldier with the same name 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 records show he enlisted in the U.S. Army Reserve on 1 July 1956. He was ordered to initial active duty for training on 8 April 1957. 3. His records contain a DA Form 1049 (Personnel Action), dated 19 June 1957, showing he was undergoing separation processing from military service under the provisions of Army Regulation 635-40B (Physical Evaluation for Retention, Separation, or Retirement). This form states he was given a final physical examination on 21 May 1957 and appeared before the medical board on 17 June 1957. He was approved for separation and directed to report to begin separation processing on 25 June 1957. 4. He provided a DA Form 137, dated 25 June 1957, showing his conduct rating was "excellent" and his efficiency rating was "good." He was favorably considered for award of the Army Good Conduct Medal by his unit executive officer. 5. On 27 June 1957, he was honorably discharged by reason of physical disability after completing 2 months and 21 days of creditable active service. His records do not contain a DD Form 214 for this period. He provided a Certification of Military Service for the period 8 April 1957 to 27 June 1957. This form states: "No active service other than for training purposes." 6. He enlisted in the U.S. Army Reserve on 3 April 1975 with an approved physical disability waiver. 7. He was ordered to active duty on 15 January 1991 in support of Operations Desert Shield/Desert Storm. He served in Southwest Asia from 28 January 1991 to 25 June 1991. On 29 June 1991, he was released from active duty after completing 5 months and 15 days of creditable active service. 8. He was honorably discharged from the U.S. Army Reserve effective 27 January 1993. 9. There are no orders for award of the Army Good Conduct Medal in his available records. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) provides that the Army Good Conduct Medal is awarded for exemplary behavior, efficiency, and fidelity in active Federal military service. It is awarded on a selective basis to each Soldier who distinguishes himself or herself from among his or her fellow Soldiers by exemplary conduct, efficiency, and fidelity throughout a specified period of continuous enlisted active Federal military service. There is no right or entitlement to the medal until the immediate commander has approved the award and the award has been announced in permanent orders. a. Paragraph 4-2 (Personnel Eligible) states the following personnel are eligible for award of the Army Good Conduct Medal: (1) Active Component enlisted Soldiers; (2) enlisted Active Guard Reserve personnel serving on extended periods of active duty (other than for training) beginning on or after 1 September 1982, provided no period of the service has been duplicated by the same period of service for which the Soldier has been awarded the Army Reserve Components Achievement Medal; and (3) Ready Reserve enlisted personnel ordered to active duty under the authority of Title 10, U.S. Code. b. Paragraph 4-5 (Qualifying Periods of Service) states any one of the following periods of continuous enlisted active Federal military service qualifies for award of the Army Good Conduct Medal: (1) each 3 years completed on or after 27 August 1940; (2) for the first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; (3) 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; (4) for the first award only, upon termination of service on or after 27 June 1950 of less than 1 year when final separation was by reason of physical disability incurred in the line of duty; and (5) for the first award only, for those individuals who died before completing 1 year of active Federal military service or if the death occurred in the line of duty. 2. Army Regulation 672-15 (Decorations and Awards – Service Medals), in effect at the time, provided that all character (conduct) and efficiency ratings, including those pertinent to attendance at service schools, must have been recorded as "excellent" or higher, except that ratings of "unknown" for portions of the period under consideration and service school efficiency ratings of less than "excellent" entered prior to 3 March 1946 would not be disqualifying. DISCUSSION: 1. The applicant requests award of the Army Good Conduct Medal and he provided a DA Form 137 showing he was favorably considered for award of the Army Good Conduct Medal by his unit executive officer in 1957. 2. The available evidence shows he was ordered to initial active duty for training as a member of the U.S. Army Reserve on 8 April 1957. He was honorably discharged by reason of physical disability on 27 June 1957 after completing 2 months and 21 days of creditable active service. As a member of the U.S. Army Reserve ordered to initial active duty for training, he did not meet the eligibility criteria for award of the Army Good Conduct Medal for this period. 3. The available evidence also shows he was ordered to active duty as a member of the U.S. Army Reserve on 15 January 1991 in support of Operations Desert Shield/Desert Storm. He was released from active duty on 29 June 1991 after completing 5 months and 15 days of creditable active service (a period of less than 1 year). As a member of the U.S. Army Reserve ordered to active duty in support of a contingency operation, he did not meet the minimum 1-year eligibility criterion for award of the Army Good Conduct Medal for this period. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160003366 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160003366 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2