IN THE CASE OF: BOARD DATE: 21 April 2023 DOCKET NUMBER: AR20220008584 APPLICANT REQUESTS: award of the Army Good Conduct Medal and correction of his DD Form 214 (Report of Separation from Active Duty) to show it. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 (Report of Separation from Active Duty) FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10, U.S. 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 his service was greater than 3 consecutive years with no disciplinary action. He was told by his commander that he qualified for this award. It was never added at time of separation. 3. Review of the applicant’s service records shows: a. He enlisted in the Regular Army on 28 June 1975, and he held military occupational specialty 95B, Military Police. He served in Germany, U.S. Army Europe for 1 year, 3 months, and 14 days. b. He was honorably released from active duty on 27 June 1978. His DD Form 214 shows he completed 3 years of active service. It also shows he was awarded or authorized: Marksman Marksmanship Badge with Pistol Bar (.45 Caliber) and Rifle Bar (M-16), and the 1st Class Gunner Marksmanship Badge with Grenade Bar. c. His records do not contain orders awarding him the Army Good Conduct Medal. It also does not contain any derogatory information that would have disqualified him from receiving this award. d. He enlisted in the Army National Guard (ARNG) on 9 August 1980. He held an infantry specialty. He was advanced to staff sergeant/E-6 in July 1983 (in the ARNG). e. He was honorably separated from the ARNG on 1 January 1985. His NGB Form 22 (Report of Separation and Record of Service) shows completion of 4 years, 4 months, and 23 days of ARNG service. 4. By regulation (AR 600-8-22), the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity. This period is 3 years except in those cases when the period for the first award ends with the termination of a period of active Federal military service. Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified. 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 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 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 28 June 1975 to 27 June 1978. Based on this, the Board granted relief to correct the applicant’s records to award him 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 Army records of the individual concerned be corrected by awarding him the Army Good Conduct Medal (1st Award) for exemplary service from 28 June 1975 to 27 June 1978. and adding the medal to his DD Form 214 for the period ending 27 June 1978. 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, U.S. 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 600-8-22 (Military Awards) states the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity. This period is 3 years except in those cases when the period for the first award ends with the termination of a period of active Federal military service. 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 * For first award only, for those individuals who died before completing 1 year of active Federal service if the death occurred in the line of duty //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220008584 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1