BOARD DATE:	  19 May 2011

		DOCKET NUMBER:  AR20100028035 


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 issuance of a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) to show he was awarded the Army Good Conduct Medal (AGCM).

2.  He states his record does not show the AGCM, and he believes it may be awarded for 1 year of faithful service during a time of war.

3.  He provides copies of documents from his Army record provided to him by the National Personnel Records Center.

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 was inducted into the Army of the United States on 6 August 1968.  After completing initial entry training, he was awarded military occupational specialty 11B (Light Weapons Infantryman).  On 7 June 1970, he was honorably released from active duty early to attend school.  He completed 1 year, 10 months, and 2 days of total active service.

3.  Item 38 of his DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings with the exception of one "good" efficiency rating.  He received the "good" efficiency rating while assigned to a training support brigade at Fort Benning, GA, where he was undergoing training as a Noncommissioned Officer Candidate.

4.  His record is void of documentation showing he was the subject of any disciplinary actions or that he received a commander's disqualification for award of the AGCM.

5.  His record is void of documentation showing he was awarded the AGCM.

6.  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.  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.

DISCUSSION AND CONCLUSIONS:

The record shows the applicant received "excellent" conduct and efficiency ratings throughout his service and one "good" efficiency rating while he was assigned to Fort Benning for training.  Although it is not specifically listed as an "academic good," it is reasonable to presume that it was merely an oversight that it was not listed as such.  He was not the subject of any disciplinary actions and there is no record of a commander's disqualification for award of the AGCM.  Therefore, it would be appropriate to award him the first award of the AGCM based on completion of a qualifying period of active Federal service and correct his DD Form 214 to show this award.

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:

	a.  awarding him the AGCM (1st Award) for the period 6 August 1968 to 7 June 1970 and

	b.  issuing a DD Form 215 adding the AGCM (1st Award) to item 24 of his DD Form 214.



      _______ _ 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)                                         AR20100028035





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ABCMR Record of Proceedings (cont)                                         AR20100028035



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