BOARD DATE: 20 July 2020 DOCKET NUMBER: AR20190012598 APPLICANT REQUESTS: correction of his DD Form 214 (Report of Separation from Active Duty) to show award of the Army Good Conduct Medal. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record), dated 10 June 2019 * DD Form 214 FACTS: 1. The applicant did not file within the three-year time frame provided in Title 10, United States Code, section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) 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 clerical error at the time of his discharge resulted in the omission of the Army Good Conduct Medal on his DD Form 214. 3. On 28 November 1975, the applicant enlisted in the Regular Army. 4. His DA Form 2166 (Enlisted Evaluation Report), dated 17 November 1978, shows his rater and indorser rated him as "Ranks with Very Best" in all categories and the following comments: a. Rater – His performance of assigned duties has been commendable for his peer group. His responsible and professional approach to his duties has brought him many laudable comments from his superiors. His performance of duty has been a credit to both himself and his unit. b. Indorser – Since his assignment to the unit, he assumed his task with a high degree of enthusiasm and professionalism, assumption of his duties included not only wheeled vehicle driver but battalion wrecker operator and squad leader. His initiative resulted in the continuing success of the section mission. He provided the section with outstanding military bearing and job knowledge which brought credit upon himself, the unit, and the United States Army. 5. His DA Form 2-1 (Enlisted Qualification Record – Part II) shows in: a. Item 9 (Awards, Decorations, and Campaigns) – he was awarded or authorized the: * Marksman Marksmanship Qualification Badge with Rifle Bar * Expert Marksmanship Qualification Badge with Hand Grenade Bar b. Item 18 (Appointments and Reductions) – no reductions. 6. Headquarters, U.S. Army Air Defense Center and Fort Bliss, Fort Bliss, memorandum, dated 27 November 1978, subject: Reason for Separation, shows: a. The reason for his separation from active duty on 27 November 1978 was completion of required service. b. The regulatory or statutory authority for his separation was Chapter 2, Army Regulation 635-200 (Personnel Separations – Enlisted Personnel). c. His reenlistment eligibility was listed as fully qualified for enlistment. 7. On 27 November 1978, he was honorably released from active duty. His DD Form 214 shows he completed 3 years of total active service and in: a. item 21 (Time Lost) – None, b. item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) – he was awarded or authorized the: * Marksman Marksmanship Qualification Badge with Rifle Bar * Expert Marksmanship Qualification Badge with Hand Grenade Bar c. item 26a (Non-Pay Periods Time Lost) – None. 8. His available records are void of orders showing he was awarded the Army Good Conduct Medal (First Award). 9. His records are void of any disciplinary actions or a commander's disqualification for award of the Army Good Conduct Medal for the period 28 November 1975 through 27 November 1978. BOARD DISCUSSION: The Board found the applicant met all criteria for award of the Army Good Conduct Medal during his 3-year period service from 28 November 1975 to 27 November 1978. The Board determined he should be awarded the Army Good Conduct Medal and the award should be added to his DD Form 214. 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 for the period 28 November 1975 to 27 November 1978 and adding this award to his DD Form 214. 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, United States 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 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 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, 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20190012598 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1