IN THE CASE OF: BOARD DATE: 9 October 2014 DOCKET NUMBER: AR20140004020 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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 14 May 1971, to show award of the Army Good Conduct Medal (AGCM) and National Defense Service Medal (NDSM). 2. The applicant states, in effect, that he earned the requested medals. 3. The applicant provides his DD Form 214, dated 14 May 1971. 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. His DD Forms 214, dated 14 May 1971 and 26 July 1974, show he was awarded the NDSM. Therefore, award of the NDSM will not be discussed any further in this Record of Proceedings. 3. The applicant enlisted in the Regular Army (RA) on 27 May 1968 and served until he was released from active duty on 14 May 1971, after serving for 2 years, 11 months, and 18 days. The DD Form 214 he was issued does not show award of the AGCM. 4. His DA Form 20 (Enlisted Qualification Record), dated 28 October 1970, shows in: a. item 38 (Record of Assignments), his conduct and efficiency were rated as: (1) "excellent" from 27 May 1968 through 4 March 1971 and contains the entry "GCM" for the last rating period (3 November 1970 – 4 March 1971) indicating he was specifically rated for the purpose of establishing a period of qualifying service for award of the AGCM (1st award); and (2) "good" from 5 March 1971 through 14 May 1971. b. item 41 (Awards and Decorations), the NDSM and Marksman Marksmanship Qualification Badge with Rifle Bar (M-14). 5. On 26 July 1971, the applicant again enlisted in the RA. 6. His DA Form 20, dated 24 October 1972, shows in: a. item 38, his conduct and efficiency were rated as "fair" while assigned to Fort Drum, NY; and b. item 41, item 41 (Awards and Decorations), the NDSM and Marksman Marksmanship Qualification Badge with Rifle Bar (M-14). 7. On 26 July 1974, he was discharged serving honorably for 5 years, 11 months, and 19 days of total active service. The DD Form 214 he was issued at the time shows the NDSM and Marksman Marksmanship Qualification Badge with Rifle Bar (M-14). 8. Army Regulation 672-5-1 (Awards), in effect at the time, provided that the AGCM was awarded to individuals who completed a qualifying period of active enlisted service. This period was 3 years except in those cases when 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. DISCUSSION AND CONCLUSIONS: 1. The available evidence shows he served honorably and received all "excellent" conduct and efficiency ratings during the period 27 May 1968 through 4 March 1971. The last rated period (4 November 1970 – 4 March 1971) was specifically given for the purpose of establishing his eligibility for the AGCM. 2. He received for the 2-month period from 5 March – 14 May 1971 “good” conduct and efficiency ratings. However, since there is no evidence of any derogatory information in his record that would otherwise have disqualified him for award of the AGCM it is accepted that the ratings he received specifically for award of the AGCM should encompass that additional 2-month rating period, and he should be awarded the AGCM for the period 27 May 1968 to 14 May 1971. BOARD VOTE: ____x___ ____x____ ___x___ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is 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 27 May 1968 through 14 May 1971. _______ _ _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) AR20140004020 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20140004020 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1