IN THE CASE OF: BOARD DATE: 11 April 2019 DOCKET NUMBER: AR20170006421 BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :X :X :X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 11 April 2019 DOCKET NUMBER: AR20170006421 APPLICANT'S REQUEST AND STATEMENT: 1. The applicant requests award of the Army Good Conduct Medal (1st Award). 2. The applicant states he believes he should receive the Army Good Conduct Medal (1st Award) for the following reasons: * he met the criteria for the award and his commander told him he would receive the award * he completed 6 years of service, which includes 4.5 years of active service, and 3 years were served overseas * he received the Army Commendation Medal, ribbons, and letters that would support his award of the Army Good conduct Medal * he feels he was due the award many years ago, but he did not know how to pursue the award * he was honorably discharged and at this late stage of his life he would like to have the award THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records with supporting document(s): * DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 18 March 1983 * DD Form 215 (Correction to the DD Form 214), dated 12 August 2012 2. Evidence from the applicant’s service record and Department of the Army and Department of Defense records and systems: * DD Form 4 (Enlisted or Reenlistment Agreement-Armed Forces of the United States) U.S. Army Reserve (USAR), dated 19 May 1977 * DD Form 214 (Report of Separation From Active Duty) for the period ending 13 January 1978 * DD Form 4 (Enlisted or Reenlistment Agreement-Armed Forces of the United States), dated 1 March 1979 * DA Form 2627 (Record of Proceedings Under Article 15, Uniform Code of Military Justice) * DA Form 2-1 (Personnel Qualification Record) * ABCMR Record of Proceedings, dated 12 June 2012 REFERENCES: 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. 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. Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified. Any one of the following periods of continuous enlisted active Federal military service qualifies for the award: * each 3 years completed on or after 27 August 1940 * for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946 * for first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year * for first award only, upon termination of service, on or after 27 June 1950, of less than 1 year when final separation was by reason of physical disability incurred in line of duty * for first award only, for those individuals who died before completing 1 year of active Federal service if the death occurred in the line of duty DISCUSSION: 1. While 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 USAR on 19 May 1977 for 6 years. He was ordered to active duty for training from 15 July 1977 to 13 January 1978 to complete training in military occupational specialty (MOS) 71D (Legal Clerk). 3. His DD Form 214 for the period ending 13 January 1978 shows he completed 5 months and 29 days of active service. He was awarded MOS 71D and honorably released to his Reserve unit. This DD Form 214 lists no awards. 4. On 20 March 1979, he enlisted in the Regular Army for 4 years. He held MOS 76Y (Unit Supply Specialist). On 3 July 1979, he was assigned to Germany. 5. On 29 April 1982, he accepted nonjudicial punishment for being drunk in quarters on 27 April 1982. As punishment he was reduced in rank (suspended), and 14 days extra duty. The applicant record shows he did not violate the suspension resulting in a reduction. 6. His DA Form 2-1 shows the following in item 9 (Awards, Decorations, and Campaigns) * Safe Driving Award (1 November 1980 through 19 March 1981) * Driving Badge on 1 January 1981 * Overseas Service Ribbon * Army Service Ribbon * Marksman Marksmanship Qualification Badge Rifle (M-16) 6. He was honorably released from active duty on 18 March 1983 at the expiration of his term of service (ETS). His DD Form 214, as amended by a DD Form 215, shows he completed 3 years, 11 months, and 29 days of net active service this period and this service includes 2 years, 11 months, and 26 days of foreign service. It also shows he was awarded or authorized: * Army Commendation Medal (as an ETS award) * Marksman Marksmanship Qualification Badge with Rifle Bar * Army Service Ribbon * Overseas Service Ribbon * Driver Badge with “W” Bar 7. The Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity. Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified. The applicant’s record is absent a commander’s memorandum denying him the award. 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: * awarding him the Army Good Conduct Medal (1st Award) for the period 20 March 1979 to 19 March 1982 * amending his DD Form 214 by adding the Army Good Conduct Medal (1st Award) 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20160005706 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20170006421 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2