IN THE CASE OF: 

		BOARD DATE: 19 July 2023

		DOCKET NUMBER: AR20220008587


APPLICANT REQUESTS:  correction of his record to show:

*	he was promoted to the rank of specialist five (SP5)/E-5
*	he was awarded the Army Good Conduct Medal

APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	DD Form 4 (Enlistment Contract - Armed Forces of the United States)
*	Special Orders Number 121 Relief from Active Duty (AD)
*	DD Form 214 (Armed Forces of the United States Report of Transfer or 
Discharge)
*	Honorable Discharge Certificate from the Army National Guard (ARNG)
*	Honorable Discharge Certificate from the U.S. Army 

FACTS:

1.  The applicant did not file within the 3-year time frame provided in Title 10, U.S. 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, in effect:

	a.  He obtained the rank of SP5, while he was on active duty, but it was not reflected 
on his discharge. Through his command, he was told he had 36 months of honorable 
active duty time, which should have qualified him for award of the Army Good Conduct 
Medal. 

	b.  His congressman helped him get the Army Good Conduct Medal in 2002, but he 
never received the corresponding paperwork. 

	c.  He served his country honorably and went above and beyond the role of a regular 
Soldier by stepping up into leadership roles. He would like this reflected on his record. 
	d.  He understands that it was through his own ignorance that this occurred. He 
should have checked his paperwork more thoroughly when he was discharged, but he 
is not very literate when it comes to military paperwork. 

3.  The applicant's service record contains the following documents for the Board's 
consideration:

	a.  On 5 April 1970, the applicant enlisted in the Regular Army.

	b.  DA Form 20 (Enlisted Qualification Record) shows the highest rank the applicant 
held, while on active duty was specialist four (SP4)/E-4 (8 January 1971 under the 
provisions of Special Orders Number 31 issued by the 3rd Armored Division). It also 
shows his conduct and efficiency were both rated as excellent while on active duty. He 
was not awarded the Army Good Conduct Medal.

	c.  DD Form 214 shows the applicant was honorably released from active duty on 
30 April 1972 in the rank of SP4/E-4. He was released early to join an ARNG unit. He 
completed 2 years and 26 days of service. DD Form 214 was void of award of the Army 
Good Conduct Medal. A Memorandum, Subject: Correction of DD Form 214, dated 
4 May 1972 corrected his DD Form 214 by adding his ARNG unit information. 

	d.  DD Form 4 shows the applicant enlisted in the ARNG on 20 May 1972 for a 
period of 1 year. Item 3 (Rate/Grade) shows "SP5/E-5. The enlistment documents for 
his prior service are not available for the Board's consideration. 

	e.  National Guard Bureau Form 22 (Report of Separation and Record of Service) 
shows the applicant was honorably released from the ARNG, in the rank of SP4 on 
19 May 1973 and transferred to the USAR Control Group. He completed 1 year of 
ARNG service. Item29 (Highest Grade Held) shows "SP4."

	f.  Letter Orders Number 03-1049991, published by the Reserve Components 
Personnel and Administration Center, honorably discharged the applicant from the 
USAR Control Group (Standby) in the rank of SP4, effective 1 April 1976.

	g.  The applicant's record was void of orders promoting him to the rank of SP5/E-5 or 
information showing he was recommended for promotion. They are also void of orders 
awarding him the Army Good Conduct Medal.  

4.  The applicant provides the following documents, not previously considered, for the 
Board's consideration:

	a.  Special Orders Number 121, published by Headquarters, U.S. Army Personnel 
Center, dated 30 April 1972, which relieved the applicant from active duty in the rank of 
SP4/E-4. The orders state he was credited with his full term of active duty of 36 months. 

	b.  An Honorable Discharge Certificate, dated 19 May 1973, discharging him from 
the ARNG in the rank of SP4/E-4. 

	c.  An Honorable Discharge Certificate, dated 1 April 1976, honorably discharging 
him from the U.S. Army, in the rank of SP4/E-4.  

	d.  The applicant did not provide documentation showing he was awarded the Army 
Good Conduct Medal.   

BOARD DISCUSSION:

1.  After reviewing the application, all supporting documents, and the evidence found 
within the military record, the Board found that partial relief was warranted. The Board 
carefully considered the applicant's record of service, documents submitted in support 
of the petition and executed a comprehensive and standard review based on law, policy 
and regulations. Upon review of the applicant’s petition and available military records 
the Board determined his record is absent evidence that shows he was promoted to 
SP5/E-5 prior to his discharge.  Based on regulatory guidance, promotion to SP5/E-5 
are announced with official orders.  The Board agreed the request for relief has no merit 
as the available evidence does not support the applicant was ever promoted to the rank 
of SP5(SGT).  

2.  However, the Board determined the applicant's service record did not reflect he was 
awarded the Army Good Conduct Medal (1st award) and his record shows he received 
"excellent" conduct and efficiency ratings throughout his service for the period of 5 April 
1970 to 30 April 1972. Based on this the Board granted partial relief to correct the 
applicant’s record showing award of the Army Good Conduct Medal.

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:X	:X	:X	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a 
recommendation for partial 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 5 April 1970 
to 30 April 1972 and adding the medal to his DD Form 214 for the period ending 
30 April 1972.

2.  The Board further determined the evidence presented is insufficient to warrant a 
portion of the requested relief. As a result, the Board recommends denial of so much of 
the application that pertains to being promoted to the rank of specialist five (SP5)/E-5.


	 
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 (AR) 600-200 (Enlisted Personnel Management System), then in 
effect, prescribed the policies and procedures for the promotion and reduction of 
enlisted Soldiers. Paragraph 7-4 states promotion of enlisted personnel to grade E-3 
through E-9, appointments, grade reductions, and grade restorations will be announced 
in routine orders. For promotion to E-5 a member needed 8 months time in grade as an 
E-4, and 36 months (primary zone) and 24 months (secondary zone) for time in service.

3.  AR 635-5 (Separation Documents) in effect at the time prescribes the separation 
documents that will be furnished each individual who is separated from the Army. All 
available records will be used as a basis for preparation of DD Form 214 to include DA 
Form 20. Item 5a, enter the grade in which serving at the time of separation. 

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

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	AR20220008587


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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