IN THE CASE OF: BOARD DATE: 31 January 2013 DOCKET NUMBER: AR20120012334 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 the only problem he had while in the service was that nonjudicial punishment (NJP) was imposed against him for stopping at a donut shop in fatigues to pick up donuts for his office at Fort Benning, GA. He also states he spent 3 years in the Army and he believes he is deserving of the AGCM. 3. The applicant provides no additional documents with 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 enlisted in the Regular Army on 14 June 1965 for a period of 3 years and training as a personnel specialist. He successfully completed his training and he was transferred to Germany on 7 December 1965. 3. He departed Germany on 23 May 1966 and was transferred to Fort Benning for assignment as a personnel management specialist. He was advanced to the rank/grade of specialist four (SP4)/E-4 on 27 June 1966. 4. On 17 February 1967, the applicant accepted NJP under the provisions of Article 15, Uniform Code of Military Justice for violating a Fort Benning regulation by stopping at a public place (donut shop) in fatigues. 5. He was promoted to sergeant (SGT)/E-5 on 14 April 1967. On 13 June 1968, he was honorably released from active duty (REFRAD) at the expiration of his term of service. He completed 3 years of total active service. The DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he was awarded the National Defense Service Medal and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14). 6. His record contains the Article 15 for being at an off-post establishment in fatigues, which is the only derogatory information contained in his record. His record contains a DA Form 20 (Enlisted Qualification Record) that shows he received all "excellent" conduct and efficiency ratings throughout his service. There is no evidence of a commander's disqualification that would have precluded the applicant from being recommended for an awarded the first award of the AGCM. 7. Army Regulation 672-5-1 (Awards), in effect at the time, stated the AGCM 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. There must have been no convictions by a court-martial. DISCUSSION AND CONCLUSIONS: A review of the applicant's record shows he received all "excellent" conduct and efficiency ratings throughout his period of service. Although he accepted NJP for a minor offense his records do not contain any other derogatory information or a commander's disqualification for the AGCM. Therefore, it would be appropriate at this time to award him the AGCM (1st Award) for the period 14 June 1965 through 13 June 1968 and to 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 awarding him the Army Good Conduct Medal (1st Award) for the period 14 June 1965 through 13 June 1968 and adding this 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) AR20120012334 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20120012334 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1