IN THE CASE OF:
BOARD DATE: 12 November 2008
DOCKET NUMBER: AR20080009787
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, award of the Army Good Conduct Medal (AGCM).
2. The applicant states, in effect, that his separation document (DD Form 214) should be corrected to show he was awarded the AGCM.
3. The applicant provides a Congressional Inquiry 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 applicants record shows he enlisted in the Regular Army (RA) and entered active duty on 8 June 1972, and was trained in and awarded military occupational specialty (MOS) 71M (Chaplains Assistant).
3. The applicant's Personnel Qualification Record (DA Form 2-1) shows, in Item 9 (Awards, Decorations & Campaigns) that he earned the National Defense Service Medal (NDSM) and Expert Marksmanship Qualification Badge with Rifle Bar during his active duty tenure. Item 18 (Appointments and Reductions) shows that he promoted to specialist five (SP5) on 25 January 1975 and that this is the highest rank he attained while serving on active duty. Item 18 contains no reduction entries.
4. The applicants Official Military Personnel File (OMPF) is void of any derogatory information and/or of a unit commander disqualification that would have precluded the applicant from receiving the AGCM.
5. On 5 September 1975, the applicant was honorably released from active duty (REFRAD) in the rank of SP5 after completing 3 years, 2 months, and 28 days of active military service. The DD Form 214 he was issued shows he earned the NDSM and Expert Marksmanship Qualification Badge with Rifle Bar during his active duty tenure.
6. 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. The normal qualifying period is 3 years. Although there is no automatic entitlement to the AGCM, disqualification must be justified.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that his record should be corrected to show he was awarded the AGCM was carefully considered and found to have merit.
2. The applicants record is void of any derogatory information or a unit commander disqualification that would have precluded the applicant 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 8 June 1972 through 7 June 1975, and to add this award to his record and separation document at this time.
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 8 June 1972 through 7 June 1975; adding the Army Good Conduct Medal to the list of awards contained on his DD Form 214; and providing him a correction to his separation document that includes this change.
________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) AR20080009787
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ABCMR Record of Proceedings (cont) AR20080009787
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