IN THE CASE OF:	  

		BOARD DATE:	  23 December 2008

		DOCKET NUMBER:  AR20080014874 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, award of the Army Good Conduct Medal (AGCM).   

2.  The applicant states, in effect, that although it was due, he was never awarded the AGCM.  

3.  The applicant provides his separation document (DD Form 214) in support of his application.  

CONSIDERATION OF EVIDENCE:

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 Army Board for Correction of Military Records (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.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.


2.  The applicant's record shows he enlisted in the Regular Army and entered active duty on 11 August 1970, and was trained in and awarded military occupational specialty (MOS) 11E (Armor Crewman).  

3.  The applicant's Enlisted Qualification Record (DA Form 20) shows he was promoted to specialist four (SP4) on 5 February 1971, and that this is the highest rank he attained while serving on active duty.  Item 38 (Record of Assignments) shows he earned "Excellent" conduct and efficiency ratings at all of his active duty assignments.  

4.  The applicant's Official Military Personnel File (OMPF) is void of derogatory information or a unit commander disqualification that would have prohibited him from receiving the AGCM.  

5.  On 29 March 1972, the applicant was honorably released from active duty (REFRAD) in the rank of SP4 after completing 1 year, 7 months, and 19 days of active military service.

6.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  Chapter 4 prescribes the policy for award of the AGCM.  It states, in pertinent part, that the AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years, except in those cases when the period for the first award ends with the termination of a period of Federal military service, in which case a period of more than 1 year is a qualifying period. Although there is no automatic entitlement to the AGCM, disqualification must be justified.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he should have been awarded the AGCM was carefully considered and found to have merit.  

2.  The applicant's record confirms that he received "Excellent" conduct and efficiency ratings at all of his active duty assignments.  Further, the record is void of derogatory information or a unit commander disqualification that would have precluded him from being awarded the AGCM.  As a result, it would be appropriate to award him the first award of the AGCM for his qualifying period of honorable active duty service from 11 August 1970 through 29 March 1972.  


BOARD VOTE:

____x___  ___x____  ___x____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was 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 first award of the Army Good Conduct Medal, for his qualifying period of honorable active duty service from 11 August 1970 through 29 March 1972; and by providing him a correction to his separation document that includes this award.



      ______x_______________
               CHAIRPERSON
      
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.

ABCMR Record of Proceedings (cont)                                         AR20080014874



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ABCMR Record of Proceedings (cont)                                         AR20080014874



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