Search Decisions

Decision Text

ARMY | BCMR | CY2002 | 2002075986C070403
Original file (2002075986C070403.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 29 October 2002
         DOCKET NUMBER: AR2002075986


         I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun Director
Mrs. Joyce A. Hall Analyst


The following members, a quorum, were present:

Ms. Karol A. Kennedy Chairperson
Mr. Thomas A. Pagan Member
Ms. Barbara J. Lutz Member

         The applicant and counsel if any, did not appear before the Board.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)

FINDINGS :

1. The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.


2. The applicant requests award of the Army Good Conduct Medal (AGCM).

3. The applicant states that he was honorably discharged from the military on
2 July 1965. He did not incur any significant charges during his tenure that would have jeopardized him from receiving the award with the exception of receiving one instance of nonjudical punishment.

4. The applicant’s military records show that he enlisted in the Regular Army on 3 July 1962 for 3 years. He completed basic combat training and advanced individual training and was awarded military occupational specialty 133.00
(armor intelligence specialist). The highest pay grade he achieved was
E-3.

5. On 5 May 1964, the applicant accepted nonjudical punishment (NJP) under Article 15, Uniform Code of Military Justice (UCMJ) for failure to report back from ordinary leave and was absent from 2 - 4 May 1964. His imposed punishment was 14 days restriction and extra duty.

6. The applicant’s DA Form 24 (Service Record) shows his conduct and efficiency ratings were excellent throughout his enlistment.

7. General Orders (GO) 93, dated 11 June 1965, from Headquarters, 2nd Infantry Division, Fort Benning, GA, shows that the applicant was awarded the AGCM for the period 3 July 1963 to 2 July 1965.

8. On 2 July 1965, the applicant was released from active. He completed
2 years, 11 months, and 28 days of creditable active service and had 2 days lost time. His Armed Forces of the United States Report of Transfer or Discharge (DD Form 214), item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) fails to show the AGCM as an authorized award. It shows he was awarded only four marksmanship qualification badges.

9. Army Regulation 672-5-1, in effect at the time, provided policy and criteria concerning individual military decorations. It stated that 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 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but not more than 1 year. At the time, a soldier’s conduct and efficiency ratings must have been rated as “excellent” for the entire period of qualifying service.
However, there was no right or entitlement to the medal until the immediate commander made positive recommendation for its award and until the awarding
authority announced the award in General Orders.

10. Army Regulation 672-5-1 also provided for award of the National Defense Service Medal for honorable service between the periods 27 June 1950 and 27 July 1954 and 1 January 1961 and 14 August 1974.

CONCLUSIONS
:

1. Although the applicant received NJP in May 1964, his conduct and efficiency ratings were rated as excellent throughout his military career. It appears his commander considered the NJP as a minor infraction and considered his overall performance in awarding him the AGCM as evidenced by GO 43, dated 11 June 1965, Headquarters, 2nd Infantry Division, Fort Benning, GA.

2. The applicant also met the eligibility criteria for award of the National Defense Service Medal.

3. In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That the applicant’s DD Form 214 be amended to add the AGCM and the National Defense Service Medal.

BOARD VOTE
:

___KAK__ __TAP__ __BJL___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _Karol A. Kennedy__
                  CHAIRPERSON




INDEX

CASE ID AR2002075986
SUFFIX
RECON YYYYMMDD
DATE BOARDED 2002/10/29
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 107.0056
2.
3.
4.
5.
6.


Similar Decisions

  • ARMY | BCMR | CY2009 | 20090021120

    Original file (20090021120.txt) Auto-classification: Approved

    The evidence of record shows the applicant honorably served during the period 24 January 1964 through 24 January 1966. Therefore, he should be awarded the AGCM (first award) and his DD Form 214 should be corrected to show this award. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from item 26 of his DD Form 214 the Vietnam Service Medal; b. awarding him the Army Good Conduct Medal (first award) for the...

  • ARMY | BCMR | CY2012 | 20120012334

    Original file (20120012334.txt) Auto-classification: Approved

    The applicant enlisted in the Regular Army on 14 June 1965 for a period of 3 years and training as a personnel specialist. 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...

  • ARMY | BCMR | CY2010 | 20100023833

    Original file (20100023833.txt) Auto-classification: Approved

    His records show that he received excellent conduct and efficiency ratings throughout his service and his record is void of any derogatory information that would serve to disqualify him for award of the AGCM. 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...

  • ARMY | BCMR | CY2009 | 20090020969

    Original file (20090020969.txt) Auto-classification: Approved

    The applicant requests that he be awarded the National Defense Service Medal (NDSM), Vietnam Service Medal (VSM), and the Army Good Conduct Medal (AGCM). Accordingly, it would be in the interest of justice to award him the AGCM for the period of 6 June 1963 to 3 June 1965 and correct his DD Form 214 to show this award. 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 of...

  • ARMY | BCMR | CY2010 | 20100022305

    Original file (20100022305.txt) Auto-classification: Approved

    Section 2 (Chronological Record of Military Service) of his DA Form 24 (Service Record) shows he received "excellent" conduct ratings throughout his service. Records show he participated in three campaigns during his service in the RVN; therefore, he is entitled to correction of his DD Form 214 to show three bronze service stars to be affixed to his previously-awarded Vietnam Service Medal. Awarding him the Army Good Conduct Medal (1st Award) for the period 12 September 1963 through 15...

  • ARMY | BCMR | CY2013 | 20130015735

    Original file (20130015735.txt) Auto-classification: Approved

    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 the 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. Therefore, it would be appropriate to award him the AGCM (1st Award) and...

  • ARMY | BCMR | CY2014 | 20140016908

    Original file (20140016908.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). There are no orders or any other evidence showing he was awarded or recommended for the AGCM. His military service qualifies him for award of the NDSM; therefore, he is entitled to correction of his DD Form 214 to show this award.

  • ARMY | BCMR | CY2010 | 20100028453

    Original file (20100028453.txt) Auto-classification: Approved

    The applicant's military records show he enlisted in the Regular Army, in pay grade E-1, on 31 March 1964, for 3 years. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the: * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) 8. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: *...

  • ARMY | BCMR | CY2013 | 20130014448

    Original file (20130014448.txt) Auto-classification: Approved

    He had served 2 years, 11 months, and 23 days of active service and his DD Form 214 issued at the time of his REFRAD shows he was awarded the Armed Forces Expeditionary Medal for his service in Vietnam. Army Regulation 600-8-22 (Military Awards) states the Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973....

  • ARMY | BCMR | CY2014 | 20140003131

    Original file (20140003131.txt) Auto-classification: Approved

    The applicant, the daughter of a deceased former service member (FSM), requests correction of the FSM's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show all awards the FSM is authorized as a result of his active duty service. The evidence of record shows the FSM received all "excellent" conduct and efficiency ratings throughout his active duty service and his records are void of derogatory information or a commander's disqualification that would have...