IN THE CASE OF: BOARD DATE: 22 May 2018 DOCKET NUMBER: AR20160007925 BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :X :X :X DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 22 May 2018 DOCKET NUMBER: AR20160007925 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 read an article that a Soldier with one year of continuous active service during wartime could be awarded the Army Good Conduct Medal. At the time of his service, things like this were overlooked and may not have been considered important. Vietnam was not a popular subject. He knows it has been a long time since he served; however, the fact remains that he did serve. 3. The applicant provides: * Letter from the National Personnel Records Center * 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. The applicant was inducted into the Army of the United States on 5 August 1969. He held military occupational specialty 11B (Light Weapons Infantryman). 3. His DA Form 20 (Enlisted Qualification Record) shows in: * Item 38 (Record of Assignments), he received "excellent" conduct and efficiency ratings subsequent to being absent without leave (AWOL) and dropped from the rolls in January 1970 * Item 44 (Time Lost Under Section 972, Title 10, U.S. Code, and Subsequent to Normal date Expiration of Term of Service), he had two periods of lost time due to being AWOL: * 6 January 1970 to 17 April 1970 (102 days) * 26 April 1970 to 28 April 1970 (3 days) 4. On 20 April 1970, he accepted nonjudicial punishment (NJP) under the provisions of Article 15 of the Uniform Code of Military Justice (UCMJ) for being absent without leave from 26 April to 29 April 1970. His punishment consisted of a reduction to E-1 and forfeiture of pay. 5. He served in Vietnam from on or about 18 May 1970 to 20 April 1971. He was assigned to Company D, 2nd Battalion, 8th Cavalry, 1st Cavalry Division. 6. He was promoted to private/E-2 on 14 July 1970 and private first class (PFC)/E-3 on 15 July 1970. 7. He was honorably released from active duty in the rank/grade of PFC/E-3 on 9 September 1971. His DD Form 214 shows he completed 1 year, 9 months, and 22 days of active service, and he had 105 days of lost time. He was awarded or authorized the: * National Defense Service Medal * 2 overseas service bars * Vietnam Service Medal with 2 bronze service stars * Vietnam Campaign Medal with 1960 Device * Purple Heart * Bronze Star Medal * Air Medal * Combat Infantryman Badge * Army Commendation Medal with "V" Device (1st Oak Leaf Cluster) REFERENCES: 1. Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for exemplary behavior, efficiency, and fidelity in active Federal military service. It was awarded on a selective basis to each Soldier who distinguished himself from among his fellow Soldiers by his exemplary conduct, efficiency, and fidelity while in an enlisted status. There was no right or entitlement to the medal until the immediate commander had made a positive recommendation for its award, and until the awarding authority had announced the award in General Orders. The enlisted person must have had all "excellent" conduct and efficiency ratings. There must have been no convictions by a court-martial. 2. 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 the 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. An award made for any authorized period of less than 3 years was required to be for the total period of obligated active Federal military service. DISCUSSION: 1. The applicant's records do not show he was awarded Army Good Conduct Medal. His record shows he served honorably from 5 August 1969 through 9 September 1971, but he also had 105 days of lost time (from 6 January to 17 April 1970 and from 26 to 28 April 1970). He received an Article 15 for one of his periods of AWOL that resulted in his reduction to E-1. He later served in Vietnam and received multiple valor awards. Although he received “excellent” conduct and efficiency ratings for periods where ratings were recorded, the periods for which no ratings were recorded include a period during which he was AWOL and had been dropped from the rolls. 2. The Army Good Conduct Medal was awarded on a selective basis to each Soldier who distinguished himself from among his fellow Soldiers by his exemplary conduct, efficiency, and fidelity while in an enlisted status. An award of the Army Good Conduct Medal made for any authorized period of less than 3 years was required to be for the total period of obligated active Federal military service. 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20160007925 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160007925 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2