BOARD DATE: 13 June 2018 DOCKET NUMBER: AR20160016010 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: 13 June 2018 DOCKET NUMBER: AR20160016010 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 as follows: * awarding him the Army Good Conduct Medal for his period of service from 11 June 1963 to 1 June 1966, in the rank of specialist five * amending his DD Form 214 by adding the Army Good Conduct Medal (1st Award) and the National Defense Service Medal _______________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: 13 June 2018 DOCKET NUMBER: AR20160016010 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 the Army Good Conduct Medal. 2. The applicant states he was released 10 days prior to completing 3 years of active service as an overseas returnee. It is not his fault. 3. The applicant provides his 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 enlisted in the Regular Army on 11 June 1963. 3. He completed training and was awarded a military occupational specialty. His DA Form 20 (Enlisted Qualification Record) shows he served in U.S. Army Europe – Germany from 1 November 1963 to 21 May 1966. 4. On 1 June 1966 the applicant was honorably released from active duty as an overseas returnee under the early release program. He was issued a DD Form 214 which shows 2 years, 11 months and 21 days of net service this period. He served 2 years, 7 months and 1 day of foreign service. He was promoted to specialist five/pay grade E-5 on 30 June 1965. His awards include the Marksman Marksmanship Qualification Badge with Pistol Bar and Sharpshooter Marksmanship Qualification Badge with Rifle Bar. 5. The applicant's record does not show he was awarded the Army Good Conduct Medal. Additionally, his records show no derogatory information that would disqualify him for the first award of the Army Good Conduct Medal. Furthermore, item 38 (Record of Assignments) of his DA Form 20 shows he received all "excellent" conduct and efficiency ratings. REFERENCES: 1. 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 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 Soldier must have had all "excellent" conduct and efficiency ratings. Ratings of "Unknown" for portions of the period under consideration were not disqualifying. 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. However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders. 2. 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. 3. Army Regulation 600-8-22 states the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined. DISCUSSION: 1. The criteria for the award of the first Army Good Conduct Medal includes the applicant's honorable service from 11 June 1963 to 1 June 1966, attaining the rank of specialist five, and serving a qualifying period wherein he received "excellent" conduct and efficiency ratings. A review of his record shows no derogatory information or a commander's disqualification statement pertaining to the Army Good Conduct Medal. 2. The applicant served during a qualifying period of service for the National Defense Service Medal. It appears it was omitted from 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) AR20160016010 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160016010 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2