ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	

	BOARD DATE:  9 August 20109

	DOCKET NUMBER:  AR20170011553


APPLICANT REQUESTS:  award of the Good Conduct Medal 

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	DD Form 214 (Armed Forces of the United States Report of Transfer or 
Discharge
*	DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge 
from Active Duty)
*	DA Form 2-1
*	Installation Clearance Record

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United 
States Code (USC), section 1552 (b); however, the Army Board for Correction of 
Military Records conducted a substantive review of this case and determined it is in the 
interest of justice to excuse the applicant's failure to timely file. 

2.  The applicant states:

     a.  He was rated excellent on his Installation Clearance Records (DA -137) for the 
461st Transportation Company, dated 20 January 1969.  The date of his unit 
assignment per this form is 5 July 1968 to 20 January 1969.  

     b.  His "Records of Assignment" form that is being submitted has an effective date of
2 July 1968, which lists one of the "Conduct" boxes as "Good" that is 3 days prior to him 
being part of the unit. How could he be rated as "Good" in the "Conduct" box, when he 
have not been assigned to the unit.  He should be awarded an Army Good Conduct 
Medal based upon his military service

3.  A review of the applicant’s service record shows:

a.  He enlisted in the Regular Army on 30 December 1965.
	b.  He served in Vietnam from 1 May 1967 to 8 May 1968.  He was assigned to 
347th Transportation Company. 
 
	c.  Section 35 (Record of Assignments) of DA Form 20 (Enlisted Qualification 
Record) shows “Good” and “excellent” conduct and efficiency ratings.  His record is void 
of derogatory information or record of a trial by court martial. 

	d.  He was honorably released from active duty on 21 January 1969.  His DD Form 
214 shows he was awarded or authorized the: 

*	National Defense Service Medal
*	Republic of Vietnam Campaign Medal w/60 Device
*	Vietnam Service Medal
*	Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
*	Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
*	Meritorious Unit Commendation
*	two overseas service bars

4.  By regulation, 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, 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.  There must have been no convictions by a 
court-martial.

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found the relief 
was warranted.  The applicant’s contentions were carefully considered.  Regulatory 
guidance during his period of service shows one criteria for award of the AGCM is to 
receive all “excellence” ratings for conduct and proficiency; his DA Form 20 shows he 
did not achieve that requirement.  Notwithstanding the regulatory guidance prescribed 
during his period of service, the Board recommended to grant relief as conduct and 
efficiency ratings are not required for current members, as commanders must deny the 
AGCM by way of a memorandum.  Memorandums to deny the AGCM was not used 
during his period of service, commanders ensured they denied the award by not 
providing excellence ratings.



BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

: X	:X	:X	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION

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 exemplary service from 30 December 1965 
through 21 January 1969, and adding the award to his DD Form 214 for the period 
ending 21 January 1969.

	  
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.



REFERENCES:

1.  Title 10, USC, section 1552(b), provides that applications for correction of military 
records must be filed within three 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 three-year statute of 
limitations if the ABCMR determines it would be in the interest of justice to do so.

2.  Army Regulation 672-5-1 (AR) 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 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.  A Soldier’s conduct and efficiency ratings, including those 
pertinent to attendance at service schools, must have all been recorded as “excellent” 
or higher, except that ratings of “Unknown” for portions of the period under 
consideration, and service school efficiency (emphasis in the original) ratings of less 
than “excellent” entered prior to 3 March 1946, would not be disqualifying.  There must 
have been no convictions by 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. 

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20170011553

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