BOARD DATE: 10 April 2018 DOCKET NUMBER: AR20160013566 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: 10 April 2018 DOCKET NUMBER: AR20160013566 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 18 April 1967 through 17 April 1970; and b. adding the Army Good Conduct Medal (1st Award) to his DD Form 214 for the period ending 15 May 1970. _____________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: 10 April 2018 DOCKET NUMBER: AR20160013566 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 served for almost 10 years with a spotless military record and letters of commendation. He further states he served over 1 year as a platoon sergeant at Fort Hood, TX after a year in the Republic of Vietnam. He is building a shadow box for his grandchildren and feels his service merits the award. 3. The applicant provides: * letter of commendation * letter of appreciation * 2 letters * 3 DD Forms 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's complete military record is not available to the Board for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. It is believed that his records were lost or destroyed in that fire. However, there were sufficient documents on file for the Board to conduct a fair and impartial review of this case. This case is being considered using evidence provided by the applicant. 3. The applicant was inducted into the Army National Guard on 13 December 1957. He was ordered to active duty training and entered active duty on 10 May 1958. On 4 November 1958, he was honorably released from active duty and returned to the Army National Guard of Texas. He completed 5 months and 25 days of total active service during this period. 4. On 30 March 1959, he enlisted in the Regular Army. On 26 January 1962, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement). He completed 2 years, 9 months and 27 days net active service during this period. The DD Form 214 he was issued does not show award of the Army Good Conduct Medal. 5. The applicant provides a DD Form 214 which shows he entered active duty on 18 April 1967. On 15 May 1970, he was honorably discharged in the rank/grade of staff sergeant (SSG)/E-6. Evidence shows he served in the Republic of Vietnam for the period 6 December 1967 through 9 November 1968. The DD Form 214 he was issued does not show he was awarded the Army Good Conduct Medal; however, it shows he was awarded or authorized the: * Purple Heart * Vietnam Service Medal with 1 silver service star * Combat Infantryman Badge * Republic of Vietnam Campaign Medal with Device (1960) * Bronze Star Medal * National Defense Service Medal * Expert Marksmanship Qualification Badge with Automatic Rifle Bar (M-60) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar 6. The applicant provides: a. a letter of commendation, dated 9 June 1969, from his battalion commander who commended him for his outstanding performance in preparing for a mounted weapons Command Maintenance Management Inspection. b. a letter of appreciation, dated 13 May 1970, from his company commander who notes the applicant was one of the most knowledgeable noncommissioned officers he has met. He deeply regretted the applicant leaving the Army after his distinguished service. 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. Ratings of "unknown" for portions of the period under consideration were not disqualifying. There must have been no convictions by a court-martial. DISCUSSION: 1. In order to be awarded the Army Good Conduct Medal, the enlisted member must have completed a qualified period of active duty enlisted service. This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service. Additionally, the enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial. 2. The applicant's complete service records are unavailable and therefore his conduct and efficiency ratings are unknown. The available records do show the applicant served in the Republic of Vietnam and earned the Bronze Star Medal, Purple Heart, and Combat Infantryman Badge during the period 18 April 1967 through his honorable discharge in the rank/grade of SSG/E-6 on 15 May 1970. The letters of commendation and appreciation from the same period further illustrate his honorable service throughout this period. It is reasonable to presume, despite the absence of his complete service records, that he met the criteria for award of the Army Good Conduct Medal during this period of service. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160013566 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160013566 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2