ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 16 December 2020 DOCKET NUMBER: AR20200003663 APPLICANT REQUESTS: award of the Good Conduct Medal. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: DD Form 149 (Application for Correction of Military Record), dated 30 January 2020. FACTS: 1. The applicant did not file within the three-year time frame provided in Title 10, United States Code, section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states that he was assigned to 1st Armor and the Infantry and wants to know if he was authorized the Army Good Conduct Medal. 3. He enlisted in the Regular Army on 11 August 1961. 4. He served in Korea during the period of 4 June 1963 to 28 May 1964 and was assigned to Headquarters and Headquarters Company, 2nd Battalion, 32nd Infantry Division and Headquarters and Headquarters Company, 2nd Brigade, 7th Infantry Division. 5. His DA Form 24 (Service Record) shows in: a. Section 4 (Chronological Record of Military Service) – he received "excellent" conduct and efficiency ratings; b. Section 9 (Medals, Decorations, and Citations) – * Marksman Marksmanship Qualification Badge with Rifle Bar * Sharpshooter Marksmanship Qualification Badge with Grenade Bar * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-1) 6. The applicant accepted non-judicial punishment under the provisions of Article 15, Uniform Code of Military Justice, on the following occasions: a. on 1 March 1963, for being absent without leave from his unit from 0600 until approximately 1200; his punishment consisted of 14 days of restriction to the limits of his company, 14 days of extra duty, and forfeiture of $13 for one month; he did not appeal his punishment; b. on 25 October 1963, for failing to be at his appointed place of duty at the specified time on or about 23 October 1963 at 2400; his punishment consisted of 14 days of restriction to the company area; he did not appeal his punishment; c. on 5 November 1963, for breaking his 14-day restriction on or about 3 November 1963; his punishment consisted of forfeiture of $15, he did not appeal the punishment; and d. on 24 March 1964, for entering an off limits establishment on or about 23 March 1964; his punishment consisted of 14 days of restriction to the company area; he did not appeal the punishment. 7. On 29 May 1964, he was honorably released from active duty. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he was awarded or authorized the: * Marksman Marksmanship Qualification Badge with Rifle Bar (M-1) * Sharpshooter Marksmanship Qualification Badge with Grenade Bar * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-1) BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found that relief was not warranted. The Board carefully considered the applicants request, supporting documents and evidence in the records. The Board considered the applicant’s statement, his military service record and regulatory guidance. Evidence in the record show the applicant received “excellent” conduct and efficiency ratings, however there are periods of AWOL within the applicant’s records. Based on regulatory guidance, the Board determined the applicant didn’t meet the criteria to be awarded the Army Good Conduct Medal. Therefore, the Board denied relief. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING X X X DENY APPLICATION 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. 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. ADMINISTRATIVE NOTE(S): A review of the applicant’s records shows he is authorized additional awards not annotated on his DD Form 214 for the period ending 29 May 1964. As a result, amend his DD Form 214 by adding: * Korea Defense Service Medal. REFERENCES: 1. Title 10, United States 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 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. 2. Army Regulation 600-8-22 (Military Awards) provides Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity. 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. Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified. b. The Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea. The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20200003663 4 1