IN THE CASE OF:
BOARD DATE: 3 July 2008
DOCKET NUMBER: AR20080000961
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, in effect, that he be awarded the Army Good Conduct Medal (AGCM).
2. The applicant states, in effect, that he entered the Army in an enlisted status in November 1965, and that he remained an enlisted Soldier until 30 November 1966, which he believes makes him eligible for the AGCM.
3. The applicant provides a self-authored statement 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 contains an enlistment record (DD Form 4) that shows he enlisted in the Regular Army and entered active duty in an enlisted status on
4 February 1966. He completed basic combat training and infantry advanced individual training at Fort Jackson, South Carolina, in June 1966, and was assigned to Fort Gordon, Georgia, to attend the Officer Candidate School (OCS).
3. On 30 November 1966, upon his successful completion of OCS, the applicant was honorably discharged, in the rank of specialist five (SP5), in order to accept an appointment as a commissioned officer. The separation document (DD Form 214) he was issued at the time shows he completed a total of 9 months and
27 days of active military service in an enlisted status. It also shows that during this period of enlisted service, he earned the National Defense Service Medal and Expert Marksmanship Qualification Badge with Rifle Bar.
4. Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy. Chapter 4 contains guidance on the AGCM. 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. The only exceptions to the more than year qualifying service requirement are those members are separated by reason of physical disability, or those members who die with less than 1 year of active military service. There are no other exceptions to the qualifying service requirement of more than 1 year of active military service.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that he should be awarded the AGCM for his enlisted service was carefully considered. However, by regulation, in order to qualify for the first award of the AGCM upon termination of service on or after
27 June 1950, a member must complete more than 1 year of qualifying active duty service.
2. The evidence of record confirms the applicant enlisted in the RA and entered active duty in an enlisted status on 4 February 1966, as evidenced by the DD Form 4 on file in his record. It further verifies that he was honorably discharged from his enlisted status to accept his commission on 30 November 1966, as evidenced by the DD Form 214 on file. As a result, the applicant completed only 9 months and 27 days of active duty service in an enlisted status and did not meet the regulatory criteria necessary to qualify for award of the AGCM.
3. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X____ ___X___ ___X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_ _______ 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) AR20080000961
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