RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        23 August 2007
      DOCKET NUMBER:  AR20070002876


      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.

|     |Ms. Catherine C. Mitrano          |     |Director             |
|     |Mr. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Lester Echols                 |     |Chairperson          |
|     |Mr. John T. Meixell               |     |Member               |
|     |Mr. Richard T. Dunbar             |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, award of the Army Good Conduct Medal
(AGCM).

2.  The applicant states, in effect, that actually thought he had already
been awarded the AGCM and when he requested to be issued his medals, he
thought he would receive the AGCM; however, when he did not receive the
award, he realized the AGCM was not included in the list of awards entered
on his separation document (DD Form 214).  As a result, he is requesting to
be awarded the AGCM at this time.

3.  The applicant provides no additional documentary evidence in support of
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's record shows he served in the Army National Guard
(ARNG) from 19 August 1960 through 12 February 1961, at which time he was
honorably discharged in the rank of private first class (PFC).

3.  On 17 August 1964, the applicant enlisted in the Regular Army for 3
years and entered active duty.  He was trained in and awarded military
occupational specialty (MOS) 45J (Aircraft Armament Repairman), and
specialist five (SP5) is the highest rank he attained while serving on
active duty.

4.  The applicant's Enlisted Qualification Record (DA Form 20) shows, in
Item 38 (Record of Assignments), that he received no less than "Excellent"
conduct and efficiency ratings at all of his active duty assignments.

5.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 shows he
earned the National Defense Service Medal (NDSM) and Expert Marksmanship
Qualification Badge with Rifle Bar during his tenure on active duty.

6.  The applicant's Military Personnel Records Jacket (MPRJ) is void of
sufficient derogatory information or a unit commander’s disqualification
that would have precluded the applicant from receiving the AGCM.

7.  The applicant's MPRJ contains orders confirming the applicant qualified
as a marksman with the M-1 rifle on 1 October 1960 and again on 12 May
1963; and that he qualified as an expert with the M-14 rifle on 3 March
1967.

8.  On 16 August 1967, the applicant was honorably separated after
completing
3 years of creditable active military service.  The DD Form 214 he was
issued at the time shows he held the rank of SP5 and that during his active
duty tenure, he earned the NDSM.

9.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and
criteria concerning individual military awards.  Chapter 4 prescribes the
policy for award of the AGCM.  It states, in pertinent part, that 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, in which case a period of more than 1 year is a qualifying period.
 Although there is no automatic entitlement to the AGCM, disqualification
must be justified.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he should have been awarded the AGCM
was carefully considered and found to have merit.  By regulation, a member
is eligible to receive an AGCM for each three-year period of honorable
active duty service and while there is no automatic entitlement to this
award, disqualification must be justified.

2.  The applicant's record confirms that he received "Excellent" conduct
and efficiency ratings at all of his active duty assignments.  Further, the
record is void of sufficient derogatory information or a specific unit
commander’s disqualification that would have precluded him from receiving
the AGCM.  As a result, it would be appropriate to award the applicant the
AGCM, for his qualifying period of honorable active duty service from 17
August 1964 through 16 August 1967.

3.  The evidence of record also includes orders confirming the applicant
qualified as a marksman with the M-1 rifle and as an expert with the M-14
rifle, which entitles him the Expert Marksmanship Qualification Badge with
Rifle (M-14) Bar and the Marksman Marksmanship Qualification Badge with
Rifle (M-1) Bar.  Therefore, it would also be appropriate to add these
badges to the list of awards contained on his separation document at this
time.

BOARD VOTE:

___LE __  __JTM __  __RTD __  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 for his qualifying honorable
active duty service from 17 August 1964 through 16 August 1967; by showing
his entitlement to the Expert Marksmanship Qualification Badge with Rifle
(M-14) Bar and the Marksman Marksmanship Qualification Badge with Rifle (M-
1) Bar; and by providing him a correction to his separation document that
includes these changes.




                            _____Lester Echols______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070002876                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2007/08/28                              |
|TYPE OF DISCHARGE       |HD)                                     |
|DATE OF DISCHARGE       |1967/08/16                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |ETS                                     |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |Ms. Mitrano                             |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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