IN THE CASE OF: BOARD DATE: 2 JUNE 2009 DOCKET NUMBER: AR20090002284 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, in effect, award of the Good Conduct Medal. 2. The applicant states that he was advised by letter that he did not serve enough time to be awarded the Good Conduct Medal. He contends that he served with Company A, 1st Battle Group, 9th Infantry in Alaska from 1958 to 1960 and that he was discharged without an award of the Good Conduct Medal. He claims that this had to be a clerical error because he was awarded three Battle Group commendations as Soldier of the Month and he came in second for Soldier of the Year. He points out that he has been trying to receive this medal since October 2007. 3. The applicant provides a copy of his DD Form 214 (Report of Transfer or Discharge) and letters from the National Personnel Records Center in St. Louis, Missouri, dated 14 January 2009, 21 November 2008, and 13 December 2007 in support of his application. 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 was inducted into the Army of the United States on 23 October 1958. He served as a light weapons infantryman in Alaska from 17 April 1959 through 4 October 1960. On 10 October 1960, he was released from active duty in the temporary rank/grade of specialist four (SP4)/E-4 after completing 1 year, 11 months, and 18 days of creditable active service with no time lost. 3. Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 shows the entry "None." 4. There is no evidence the applicant received the first award of the Good Conduct Medal. There also is no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal. His records show he received "excellent" conduct and efficiency ratings throughout his service. His records contain no derogatory information. 5. Army Regulation 672-5-1, in effect at the time, provided policy and criteria concerning individual military decorations. It stated that 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. At the time, a Soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service except that a service school efficiency rating based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 was not disqualifying. However, there was no right or entitlement to the medal until the immediate commander made positive recommendation for its award and until the awarding authority announced the award in General Orders. DISCUSSION AND CONCLUSIONS: The applicant was separated in the temporary rank of SP4 with almost 2 years of creditable active service with no time lost. It appears the applicant met the eligibility criteria for the first award of the Good Conduct Medal for the period 23 October 1958 through 10 October 1960 based on completion of a period of qualifying service ending with the termination of a period of Federal military service. Therefore, his records should be corrected 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 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: a. awarding him the first award of the Good Conduct Medal for the period from 23 October 1958 through 10 October 1960; and b. adding to item 26 of the applicant's DD Form 214 the Good Conduct Medal (first award). __________XXX____________ 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) AR20090002284 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20090002284 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1