BOARD DATE: 2 May 2018 DOCKET NUMBER: AR20160012721 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: 2 May 2018 DOCKET NUMBER: AR20160012721 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: a. awarding him the Army Good Conduct Medal (1st Award) for the period 29 April 1959 through 28 April 1962 and b. adding the Army Good Conduct Medal to his DD Form 214. ______________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: 2 May 2018 DOCKET NUMBER: AR20160012721 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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Army Good Conduct Medal. 2. The applicant states he was awarded the Army Good Conduct Medal. 3. The applicant provides: * self-authored letter, dated 11 July 2016 * Standard Form 180 (Request Pertaining to Military Records) * letter from the National Personnel Records Center, dated 28 June 2016 * recommendation for meritorious promotion, dated 17 January 1962 * promotion orders, dated 29 January 1962 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 29 April 1959 for a period of 3 years. 3. His DA Form 24 (Service Record) shows: * he received excellent conduct and efficiency ratings throughout his service * no award of the Army Good Conduct Medal in Section 9 (Medals, Decorations, and Citations) * no lost time 4. He provided: a. A recommendation for meritorious promotion, dated 17 January 1962. b. Headquarters, 9th United States Army Security Agency Field Station, Special Orders Number 14, dated 29 January 1962, promoting him to specialist five effective 29 January 1962. 5. On 16 May 1962, he was honorably released from active duty in the temporary rank of specialist five after completing 3 years and 18 days of creditable active service. 6. There is no evidence indicating he was awarded the first award of the Army Good Conduct Medal. There also is no evidence of any disciplinary action or a commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal. 7. He provided a self-authored letter, dated 11 July 2016, stating he was promoted to E-5 after only 2 years and 9 months of service. He was awarded the Army Good Conduct Medal by his company commander on or about 10 May 1962 in the Philippines. He had a copy of this award memorandum, but it was lost. Apparently, the company clerk failed to put a copy of the award memorandum in his file. This error was not noticed until 2015 when his grandson brought it to his attention. REFERENCES: 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; 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. The enlisted person must have had all "excellent" conduct and efficiency ratings. 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. DISCUSSION: The applicant completed over 3 years of active service ending with his release from active duty on 16 May 1962. He received all "excellent" conduct and efficiency ratings and his records contain no adverse information or a commander's disqualification statement for the first award of the Army Good Conduct Medal. He appears to have met the eligibility criteria for the first award of the Army Good Conduct Medal for the period 29 April 1959 through 28 April 1962. This award is not shown on his DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160012721 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160012721 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2