IN THE CASE OF:	  

		BOARD DATE:	  29 January 2013

		DOCKET NUMBER:  AR20120011614 


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.  The applicant states he recently learned that after 3 years of honorable service he may be entitled to the Army Good Conduct Medal.

3.  The applicant provides 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.  He enlisted in the Regular Army on 8 July 1960.  He completed training and was awarded military occupational specialty 140 (Field Artillery Basic).

3.  His DA Form 24 (Service Record) contains the following entries.

	a.  Section 4 - Chronological Record of Military Service shows "excellent" ratings in conduct and efficiency with the exception of one "Good" in efficiency.  The "Good" rating in efficiency was assigned while he was assigned to Battery C, 1st Training Battalion, U.S. Army Training Center, Field Artillery, Fort Sill, OK.

	b.  Section 10 - Remarks contains the following entries:

* EM (enlisted member) eligible for reenlistment
* EM not eligible for GCM (Good Conduct Medal)

4.  There is no record of nonjudicial punishment or courts-martial in his Military Personnel Records Jacket (MPRJ).

5.  There are no orders in his MPRJ for award of the Army Good Conduct Medal.

6.  On 7 July 1963, he was released from active duty.  He completed 3 years of active service that was characterized as honorable.  His DD Form 214 does not show he was awarded the Army Good Conduct Medal.

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.  The enlisted person must have had all "excellent" conduct and efficiency ratings. Ratings of "Unknown" for portions of the period under consideration were not disqualifying.  Service school efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 were not disqualifying.  There must have been no convictions by a court-martial.  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 AND CONCLUSIONS:

Section 4 of his DA Form 4 shows he met the criteria concerning conduct and efficiency ratings for the award of the Army Good Conduct Medal; however, there is no right or entitlement to this award.  There are no orders in his MPRJ awarding him the Army Good Conduct Medal.  His commander made a positive statement concerning his eligibility for reenlistment; however, he specifically made an entry stating the applicant was not eligible for the Army Good Conduct Medal.  Therefore, there is an insufficient evidentiary basis for awarding the Army Good Conduct Medal in this case.
BOARD VOTE:

________  ________  ________  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 that 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.

ABCMR Record of Proceedings (cont)                                         AR20120011614



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ABCMR Record of Proceedings (cont)                                         AR20120011614



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