BOARD DATE: 1 August 2018 DOCKET NUMBER: AR20170000038 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____x____ ____x____ ____x____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 1 August 2018 DOCKET NUMBER: AR20170000038 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 the applicant the Army Good Conduct Medal for the period 19 July 1962 through 4 July 1965; and, b. adding the Army Good Conduct Medal to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), at item 26 (Decorations, Medals, Badges, Commendation, Citations, and Campaign Ribbons Awarded or Authorized). ____________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: 1 August 2018 DOCKET NUMBER: AR20170000038 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 completed his term of service with an honorable discharge and greater than one year of service. 3. The applicant provides a copy of 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 served on active duty from 19 July 1962 through 6 July 1965, 2 years, 11 months, and 18 days with no lost time. 3. Neither the DA Form 20 (Enlisted Qualification Record) nor the DA Form 24 (Service Record) contain entries referring to his conduct and efficiency ratings. However, they also do not indicate any disqualifying notations for the Good Conduct Medal. 4. The applicant's record contains no derogatory entries, commander’s disqualification, disciplinary actions, nonjudicial punishments, or court-martials that would suggest he was considered not eligible for award of the Army Good Conduct Medal. 5. He was honorably released from active duty. His DD Form 214 shows: * promotion to specialist 5 (E-5) * early release from active duty service as an overseas returnee * overseas service in Europe for 2 years, 5 months, and 23 days * award of Expert Qualification Badge with Rifle Bar 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, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year. Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified. At the time a disqualification was noted on either the DA Form 20 (Enlisted Qualification Record) or DA Form 24 (Service Record). DISCUSSION: The record contains no indication of any disqualifying incidents or recommendations that would preclude the applicant from award of the first award of the Army Good Conduct Medal for his period of service from 19 July 1962 through 6 July 1965. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20170000038 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20170000038 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2