BOARD DATE: 18 April 2017 DOCKET NUMBER: AR20150017139 BOARD VOTE: _____x____ ___x____ ____x____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 18 April 2017 DOCKET NUMBER: AR20150017139 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is 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: * awarding the applicant the Army Good Conduct Medal (1st Award) for the period 2 April 1973 through 23 March 1976 * adding to his DD Form 214 the Army Good Conduct Medal (1st Award) ______________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: 18 April 2017 DOCKET NUMBER: AR20150017139 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 correction of his DD Form 214 (Report of Separation from Active Duty) to show this award. 2. The applicant states he served in the military 3 years and 1 day and he believes he is entitled to the above award. 3. The applicant provides his DD Form 214. 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 for a 3-year term on 2 April 1973. He was trained in and awarded military occupational specialty 31B (Field Communications Electronic Equipment Mechanic). 3. He served in Germany with the 567th Engineer Company, 130th Engineer Brigade, from 23 March 1975 to 22 March 1976. He was advanced to specialist four (SP4)/E-4 in June 1974. 4. He received three Enlisted Efficiency/Evaluation Reports between October 1974 and January 1976. They all show outstanding or superior performance and service. 5. He was honorably released from active duty in the rank/grade of SP4/E-4 on 23 March 1976. His DD Form 214 shows he completed 2 years, 11 month, and 22 days of active service with no lost time. 6. His record contains no evidence indicating he was the subject of any disciplinary action during his period of active duty service. REFERENCES: Army Regulation 600-8-22 (Military Awards) states 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. DISCUSSION: The applicant met the criteria for award of the Army Good Conduct Medal (1st Award) in that he served on active duty from 2 April 1973 through 23 March 1976, completing 2 years, 11 months, and 22 days of honorable active service; he attained the rank/grade of SP4/E-4 and he had no lost time; and there is no derogatory information in his file that would have disqualified him from receiving the Army Good Conduct Medal (1st Award). //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150017139 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150017139 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2