ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  3 June 2019

	DOCKET NUMBER:  AR20170012450


APPLICANT REQUESTS:  award of the Army 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)

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 the Army Good Conduct Medal was omitted from his records.  He had no disciplinary actions against him and was not recommended for the Army Good Conduct Medal because he irritated his first sergeant.

3.  The applicant provides a copy of his DD Form 214 which does not include the Army Good Conduct Medal.

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

	a.  He enlisted in the Regular Army (RA) on 14 October 1968.

	b.  He served in Vietnam from 25 May 1969 to 29 April 1970.  He was assigned to the 63rd Maintenance Battalion. 

	c.  His DA Form 20 (Enlisted Qualification Record) shows he upon completion of his Vietnam tour, he was reassigned to the 1st Battalion, 41st Infantry Regiment, Fort Hood, TX.  It also shows: 


* he received "excellent" conduct and efficiency ratings from date of entry until departure from Vietnam (21 April 1970)
* he received "good" conduct and efficiency ratings from 2 June 1970 until his July 1971 separation 

   d.  He was honorably released from active duty on 14 July 1971.  His DD Form 214 shows he completed 2 years, 9 months, and 1 day of total active service.  It also shows he was awarded or authorized:

* Vietnam Service Medal with three bronze service stars
* National Defense Service Medal
* Republic of Vietnam Campaign Medal
* Expert Marksmanship Badge with Rifle Bar

5.  By regulation (AR 672-5-1), the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active service, 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 and there must be no convictions by a court-martial.  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

* he completed 2 years, 9 months, and 1 day
* he did not receive all excellent conduct and efficiency ratings throughout his military service
* there is no record of a court-martial conviction 


BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found the relief was warranted.  Based upon no disqualifying material in the record and the lengthy of service completed, the Board determined that granting the Army Good Conduct Medal for the applicant’s service was appropriate.

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 Army records of the individual concerned be corrected by amending the applicant’s DD Form 214 by awarding and adding the Army Good Conduct Medal for the applicant’s military service from 14 October 1968 to 14 July 1971,.
	 
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 (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.  The enlisted person 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.

ABCMR Record of Proceedings (cont)	 AR20170012450


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