RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 29 April 2008
DOCKET NUMBER: AR20070018344
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. Richard T. Dunbar
Chairperson
Mr. Thomas H. Reichler
Member
Mr. Michael J. Flynn
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, that he be awarded the Army Good Conduct Medal (AGCM).
2. The applicant states, in effect, that he served honorably on active duty in the Regular Army for 3 years from 25 October 1963 through 24 October 1966, and should have been awarded the AGCM for this qualifying period of honorable active duty service. He states that he attained the rank of sergeant (SGT) and had no blemishes on his record during this period of active duty service. He states that it is his belief that his not being awarded the AGCM was simply an oversight on the part of his superiors. He claims that he served in the United States Army Reserve (USAR) from 1967 through 2005, and retired in the rank of Command Sergeant Major (CSM), and never wore the AGCM the entire period of his USAR service and is asking it be awarded now for his estate as witness to his honorable active duty service.
3. The applicant provides a copy of his active duty separation document
(DD Form 214) 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 applicants 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 applicants 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 that he enlisted in the Regular Army and entered active duty on 25 October 1963, and was trained in and awarded military occupational specialty (MOS) 11C (Infantry Indirect Fire Crewman).
3. The applicant's record shows that during his tenure on active duty, he earned the National Defense Service Medal, Parachutist Badge, and the Marksman Marksmanship Qualification Badge with Rifle Bar.
4. The applicant's Official Military Personnel File (OMPF) is void of any derogatory information or a unit commanders disqualification that would have precluded him from receiving the AGCM.
5. On 24 October 1966, the applicant was honorably released from active duty and transferred to the USAR. The DD Form 214 he was issued at the time shows he completed 3 years of active military service and held the rank of SGT.
6. The applicant's record shows that he served in the USAR from 25 October 1966 through 18 April 1994, at which time he was transferred to the Retired Reserve. On 9 March 2005, he was placed on the Retired List in the rank of CSM.
7. 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 for his qualifying honorable active duty service was carefully considered and found to have merit.
2. The evidence of record confirms the applicant completed 3 years of active duty service from 25 October 1963 through 24 October 1966, at which time he was honorably REFRAD, in the rank of SGT. His OMPF is void of any derogatory information, or a unit commanders disqualification that would have precluded him from receiving the AGCM. Therefore, lacking any derogatory information or a formal unit commanders disqualification, it is concluded that the applicant should be awarded the AGCM for this qualifying period of honorable active duty service.
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 for his qualifying period of honorable active duty service from 25 October 1963 through 24 October 1966; and by providing him a correction to his separation document that includes this change.
_________x_____________
CHAIRPERSON
ABCMR Record of Proceedings (cont) AR20070018344
2
DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET 2ND FLOOR
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