IN THE CASE OF:	  

		BOARD DATE:	  4 June 2013

		DOCKET NUMBER:  AR20120021194 


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 had a clean record and never got into any trouble; however, he did not receive the AGCM.

3.  The applicant provides no additional evidence.

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.  On 30 June 1958, the applicant enlisted in the Regular Army.  He completed his initial training and was awarded military occupational specialty 642.10 (Heavy Vehicle Driver).

3.  Section 1 (Appointments, Promotions, or Reductions) of the applicant's DA Form 24 (Service Record) shows the following rank advancements:

* private/pay grade E-2 – 30 October 1958
* private first class/pay grade E-3 – 24 March 1959
* specialist four/pay grade E-4 – 29 September 1960

4.  Section 4 (Chronological Record of Military Service) of the applicant's DA Form 24 shows he received "excellent" conduct and efficiency ratings except for the following two periods:

* 19 November 1958 to 25 January 1959 – Company D, 2nd Airborne Group, 501st Infantry, Fort Bragg, NC – conduct and efficiency each rated as "good"
* 26 January to 27 April 1959 – 538th Transportation Company, Fort Bragg, NC – conduct rated as "unknown" and efficiency rated as "good"

5.  On 25 May 1961, the applicant was honorably released from active duty.  He had attained the rank of specialist four/pay grade E-4 and had completed 2 years, 10 months, and 26 days of creditable active duty service.

6.  The applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) lists his awards as:

* Expert Marksmanship Qualification Badge with Rifle Bar
* Sharpshooter Marksmanship Qualification Badge with Carbine Bar

7.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to enlisted Soldiers who had completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.  Ratings of "unknown" for portions of the period under consideration were not disqualifying.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he should be awarded the AGCM because he had a clean record and never got into any trouble.

2.  The available records show the applicant received conduct and efficiency ratings of "good" during a portion of his active duty service which disqualified him from award of the AGCM.

3.  In view of the above, the applicant's request should be denied.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___x____  ____x___  ____x___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      _______ _   _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)                                         AR20120021194



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ABCMR Record of Proceedings (cont)                                         AR20120021194



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