IN THE CASE OF: BOARD DATE: 16 May 2018 DOCKET NUMBER: AR20160011167 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 IN THE CASE OF: BOARD DATE: 16 May 2018 DOCKET NUMBER: AR20160011167 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 for the periods 29 August 1972 to 28 August 1975 and 29 August 1975 to 28 August 1978 and adding the Army Good Conduct Medal (2nd Award) to his DD Form 214 for the period ending 16 February 1979. ___________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. IN THE CASE OF: BOARD DATE: 16 May 2018 DOCKET NUMBER: AR20160011167 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 in preparation for end of life burial benefits and a review of his DD Form 214 (Report of Separation from Active Duty), it was determined that he has not been awarded the Army Good Conduct Medal. 3. The applicant provides: a. Letter, dated 8 June 2016, from the Sherburne County Veterans Service Office, Elk River, MN, requesting the applicant be granted all awards he is entitled to receive that are not currently listed on his DD Form 214. b. DD Forms 214 for the periods ending 17 February 1975 and 16 February 1979. 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 served in the Regular Army from: a. 29 August 1972 to 17 February 1975, he was honorably discharged in the rank of sergeant/E-5. The DD Form 214 he was issued shows he completed 2 years, 5 months, and 19 days of net active service this period and no foreign service. He was awarded the National Defense Service Medal. b. 18 February 1975 to 16 February 1979, he was honorably discharged in the rank of specialist five/E-5. The DD Form 214 he was issued shows he completed 3 years, 11 months, and 29 days of net active service this period and 6 years, 5 months, and 18 days of a total active service. He also completed 11 months and 11 days of foreign service. 3. His DD Forms 214 do not list the Army Good Conduct Medal for either period of service and the available evidence does not contain orders for these awards. 4. A review of his record shows no derogatory information or a commander's disqualification that would disqualify him for award of the Army Good Conduct Medal for either period of 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 of continuous enlisted active Federal military service 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: 1. Army Regulation 600-8-22 states the Army Good Conduct Medal is awarded to individuals who complete 3 years of continuous enlisted active Federal military service except in those cases when the period for the first award ends with the termination of a period of active Federal military service. a. The applicant’s first qualifying period for award of the Army Good Conduct Medal was 29 August 1972 to 28 August 1975. b. His second period of qualifying service for award of the Army Good Conduct Medal was from 29 August 1975 to 28 August 1978. 2. His record is void of the orders awarding him the Army Good Conduct Medal. 3. Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified in writing. 4. The applicant held pay grade E-5 at the time of discharge during both periods of active service. His service record contains no information that would have disqualified him for award of the Army Good Conduct Medal (2nd 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) AR20160011167 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160011167 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2