BOARD DATE: 11 December 2012 DOCKET NUMBER: AR20120010579 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 award of the Army Good Conduct Medal (AGCM). 2. The applicant states: * He was an enlisted member of the Army who completed three consecutive years of honorable and faithful service * He had no nonjudicial punishments, disciplinary infractions, or court-martial offenses 3. The applicant provides a copy of his DD Form 214 (Report of Separation from Active Duty). 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 enlisted in the Regular Army on 10 June 1976 for a period of 3 years. He completed his training and was awarded military occupational specialty 05G (signal security specialist). On 9 June 1979, he was honorably released from active duty in the rank of specialist four after completing 3 years of creditable active service with no time lost. 3. His DD Form 214 does not show the AGCM as an authorized award. 4. There are no orders for the AGCM in the available records. 5. There also is no evidence of any disciplinary or adverse actions or a commander's disqualification that would have precluded him from being awarded the AGCM. 6. Army Regulation 600-8-22 (Military Awards) states 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. Although there is no automatic entitlement to the AGCM, disqualification must be justified. DISCUSSION AND CONCLUSIONS: The applicant was released from active duty in the rank/grade of specialist four with 3 years of total active service with no time lost. There is no evidence of any disciplinary actions or a commander's disqualification for award of the AGCM. It appears he met the eligibility criteria for the first award of the AGCM for the period 10 June 1976 through 9 June 1979. Therefore, he is entitled to the first award the AGCM and correction of 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 first award of the AGCM for the period 10 June 1976 through 9 June 1979; and b. adding the AGCM (1st Award) to 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) AR20120010579 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20120010579 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1