IN THE CASE OF: BOARD DATE: 26 September 2018 DOCKET NUMBER: AR20170001476 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ____x___ ___x____ ____x___ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 26 September 2018 DOCKET NUMBER: AR20170001476 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial 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 (1st Award) for the period 16 September 1966 through 15 September 1969, and, b. adding the Army Good Conduct Medal (1st Award) to item 24 of his DD Form 214. 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to award of the Armed Forces Expeditionary Medal, Overseas Service Ribbon, and/or any other awards or decorations. _____________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: 26 September 2018 DOCKET NUMBER: AR20170001476 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, Armed Forces Expeditionary Medal, Overseas Service Ribbon and any other awards he might be entitled. 2. The applicant states he was awarded the Army Good Conduct Medal while on active duty and he served in Panama with the 1st Signal Battalion for one year. 3. The applicant provides a copy of his DD Form 214. 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 15 September 1966. 3. His DA Form 20 (Enlisted Qualification Record) contains the following information: a. He was promoted to the rank/grade of specialist five (SP5)/E-5 on 28 June 1968. b. He served in Panama from 23 February 1967 through 23 August 1968 and was assigned to the Canal Zone with United States Strategic Command (USSTRATCOM). c. He received all excellent conduct and efficiency ratings and he was fully qualified for reenlistment. d. He was awarded or authorized the National Defense Service Medal and the Marksman Qualification Badge with Rifle Bar. 4. The applicant's DD Form 214 shows he was honorably released from active duty on 15 September 1969 and he was awarded or authorized the National Defense Service Medal and the Marksman Qualification Badge with Rifle Bar. 5. The applicant's official service records do not contain orders authorizing any personal awards of decorations. 6. The applicant's record contains no derogatory entries, disciplinary actions, nonjudicial punishments, court-martials, or a commander's disqualification that would make him ineligible for award of the Army Good Conduct Medal. 7. Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS) an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command failed to reveal any orders for the applicant. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) provides that a. The Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service. 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 Good Conduct Medal, disqualification must be justified. At the time, a single efficiency rating of less than excellent was disqualifying and disqualification was normally noted on the DA Form 20. b. The Armed Forces Expeditionary Medal is authorized for participants in military operations within a specific geographic area during a specified time period. An individual, who was not engaged in actual combat or equally hazardous activity, must have participated in operations or in direct support of operations for 30 consecutive or 60 nonconsecutive days. The designated U.S. military operations, areas, and dates do not include service in Panama until Operation Just Cause in 1989. c. The Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981. It was not made retroactive for any prior period of service. 2. Army Regulation 15-185 (Army Board for Correction of Military Records (ABCMR)), states the ABCMR begins its consideration of each case with the presumption of administrative regularity. It will decide cases on the evidence of record and it is not an investigative body. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. DISCUSSION: 1. The applicant is not eligible for the Armed Forces Expeditionary Medal because he did not serve in Panama during a period for which the Armed Forces Expeditionary Medal was authorized. 2. The applicant is not eligible for the Overseas Service Ribbon because it was not created until 9 years after his period of service. 3. The applicant's record contains no derogatory entries, disciplinary actions, nonjudicial punishments, court-martials, or a commander's disqualification that would make him ineligible for award of the Army Good Conduct Medal. Additionally, he received all excellent conduct and efficiency ratings, he was promoted to the rank/grade SP5/E-5, and he was honorably released from active duty. There is no bar to awarding him the Army Good Conduct Medal (1st Award) for the period 16 September 1966 through 15 September 1969. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20170001476 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20170001476 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2