RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 24 April 2008
DOCKET NUMBER: AR20070018513
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.
Director
Analyst
The following members, a quorum, were present:
M
Chairperson
M
Member
M
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 award of the Army Good Conduct Medal (AGCM) for the period 13 July 1966 through 11 July 1969.
2. The applicant states, in effect, that he believes he is entitled to award of the AGCM because of his exemplary conduct, his efficiency, and his fidelity during his period of active duty.
3. The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
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. On 6 July 1966, the applicant enlisted in the U.S. Army Reserve Delayed Entry Program (DEP) for 6 years. On 13 July 1966, he was discharged from the DEP and enlisted in the Regular Army for 3 years. He completed training requirements and was awarded military occupational specialty 26H (Air Defense Radar Repairman). He attained the grade of specialist five (SP5)/E-5. On
26 September 1967, his primary MOS changed to 25D (Birdie Repairman). On
11 July 1969, he was released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement). On 5 July 1972, he was honorably discharged from the USAR upon completion of his statutory military obligation.
3. The applicant's record shows that he received ratings of excellent in conduct and efficiency. There is no evidence the applicant was disqualified for award of the AGCM. He has no record of nonjudicial punishments, courts-martial, or lost time.
4. Army Regulation 672-5-1, in effect at the time, provides that the AGCM is awarded to individuals who have completed a qualified 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. 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 are not disqualifying. Service and efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to
22 November 1955 are not disqualifying.
DISCUSSION AND CONCLUSIONS:
The applicant completed a qualifying period of service for the first award of the AGCM. There is no evidence in the available record which shows the applicant was disqualified for this award. Therefore, the applicant is entitled to award of the AGCM (First Award) for the period 13 July 1966 through 11 July 1969 and to correction of his record to show this award.
BOARD VOTE:
__js____ __wdp___ __lcb___ 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 the AGCM (First Award) for the period 13 July 1966 through 11 July 1969 and showing this award on his record.
JS
______________________
CHAIRPERSON
ABCMR Record of Proceedings (cont) AR20070018513
3
DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET 2ND FLOOR
ARLINGTON, VA 22202-4508
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