IN THE CASE OF: BOARD DATE: 23 April 2013 DOCKET NUMBER: AR20120017893 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 issue of it and his marksmanship badges. 2. The applicant states he never received any of them. 3. The applicant provides a copy of his DD Form 214 (Report of Transfer of 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. The applicant enlisted in the Regular Army on 6 May 1957. He completed training as a teletype operator and was stationed at Fort Huachuca, Arizona where he was advanced to pay grade E-3. 3. The applicant served in Japan from May 1958 and was advanced to pay grade E-4 on 7 February 1959. 4. He returned to the United States and was released from active duty, on 19 April 1960, and transferred to the Army Reserve as a specialist four (E-4). 5. His DD Form 214 shows he had 2 years, 11 months, and 14 days of active duty service and no lost time. His authorized awards are listed as the Marksman Marksmanship Qualification Badge with Rifle and Carbine Bars. 6. There is no indication of any disciplinary action and no derogatory information in his record. No conduct and efficiency rating are available. There is no recommendation for award of the Army Good Conduct Medal. 7. Army Regulation 600-65, 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; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; 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. A Soldier's conduct and efficiency ratings, including those pertinent to attendance at service schools, must have all been recorded as "excellent" or higher. There must have been no convictions by 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: 1. The applicant progressed normally to the rank of specialist four (E-4) and there is no derogatory information. 2. Notwithstanding the absence of conduct and efficiency ratings and a recommendation by the commanding officer the award should be made at this late date, considering the applicant’s honorable separation and lack of disciplinary action in his records it would be appropriate to award him the Army Good Conduct Medal. 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 Army Good Conduct Medal (1st Award) for the period 6 May 1959 through 19 April 1960; b. adding it to the authorized awards listed on his DD Form 214; and c. issuing him the Army Good Conduct Medal and his marksmanship badges. _______ _ _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) AR20120017893 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20120017893 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1