IN THE CASE OF: BOARD DATE: 21 October 2022 DOCKET NUMBER: AR20220003050 APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), ending on 8 October 1968 to reflect 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, ending on 8 October 1968 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 (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 he would like to be recognized with the Army Good Conduct Medal. 3. A review of the applicant's record reflects: a. On 29 October 1965, he enlisted in the Regular Army. b. DA Form 20 (Enlisted Qualification Record) reflects in Item 38 (Record of Assignments) shows he had all "excellent" for conduct and efficiency and Item 41 (Awards and Decorations) reflects the National Defense Service Medal. c. The applicant's records are void of any derogatory information that would prevent him from being awarded the Army Good Conduct Medal. d. On 8 October 1968, the applicant was honorably released from active duty. He completed 2 years, 11 months, and 10 days of net service. DD Form 214, item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) – shows the National Defense Service Medal. BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was warranted. The applicant's contentions, the military record, and regulatory guidance were carefully considered. The applicant served on active duty from 29 October 1965 to 8 October 1968, completing 2 years, 11 months, and 10 days of net service. His DA Form 20 shows he received "excellent" conduct and efficiency ratings. There is no derogatory information on file that would have disqualified him from receiving the Army Good Conduct Medal. . 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 service during the period 29 October 1965 through 8 October 1968 * adding the Army Good Conduct Medal (1st 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, USC, 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 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 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 3. 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220003050 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1