IN THE CASE OF:	  

		BOARD DATE:	  12 November 2009

		DOCKET NUMBER:  AR20090010854 


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) and any other awards and decorations he may have been eligible for at the time of his separation.

2.  The applicant states, in effect, his military record documents exemplary performance and devotion to duty.  He believes it was unjust for him not to be awarded the AGCM at the time of his separation.

3.  The applicant provides the following documents in support of his application:  endorsement of Letter of Commendation, dated 22 February 1972; Letter of Appreciation; and Letter of Support, dated 16 November 1972.

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 was inducted into the Army of the United States and he entered active duty on 9 February 1971.  He successfully completed basic combat and advanced individual training (AIT) at Fort Dix, NJ.  Upon completion of AIT, he was awarded military occupational specialty (MOS) 64B (Wheel Vehicle Mechanic) on 11 June 1971.  He was later awarded MOS 64C (Truck Master) on 1 July 1972.

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows, in item 33 (Appointments and Reductions), that he was promoted to sergeant (SGT)/E-5 on 
1 July 1972, and that this is the highest rank/grade he attained while serving on active duty.  Item 38 (Record of Assignments) shows that after completing training at Fort Dix, the applicant was assigned to Fort Bragg, NC, where he served until his release from active duty (REFRAD) on 20 November 1972.  Item 38 also shows he received "excellent" conduct and efficiency ratings at both Fort Dix and Fort Bragg.  Item 41 (Awards and Decorations) shows that he earned the National Defense Service Medal (NDSM) and Marksman Marksmanship Qualification Badge with Rifle Bar during his active duty tenure.  

4.  The applicant's Official Military Personnel File (OMPF) is void of any derogatory information or a unit commander's disqualification that would have precluded him from receiving the AGCM.  The OMPF does contain an FB Form 2298 (Request for LRC/validation) for a confidential clearance, dated
3 December 1971.  This document confirms the applicant's record was void of any Article 15 or court-martial actions, letters of indebtedness, or any other derogatory information and that the applicant's record showed no unfavorable information at that time. 

5.  The applicant's OMPF also contains Headquarters, United States Army Training Center, Infantry, Fort Dix, Special Orders Number 95, dated 5 April 1971, which shows the applicant was awarded the Expert Marksmanship Qualification Badge with Grenade Bar and the Marksman Marksmanship Qualification Badge with Rifle Bar based on his qualification with the hand grenade and M-16 rifle on 26 and 29 March 1971, respectively. 

6.  On 20 November 1972, the applicant was honorably REFRAD after completing 1 year, 9 months, and 12 days of active military service.  The DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) he was issued at the time lists only the NDSM in item 24 (Decorations, Medals, Commendations, Citations or Campaign Ribbons Awarded or Authorized).  

7.  The applicant provides an endorsement to a letter of commendation, dated 
17 March 1972, which commended him for maintaining his vehicle in a perfect 
state of maintenance.  He also provides a letter of appreciation for his outstanding support to the outgoing commander, and a letter of support, dated
16 November 1972, in which his active duty commander recommends he be accepted into a Reserve unit in Maryland and attests to his outstanding performance as the commander's driver for 16 months. 

8.  Army Regulation 672-5-1 (Decorations and Awards), in effect at the time, provided policy and criteria concerning individual military decorations.  It stated that the AGCM was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than
3 years but more than 1 year.  At the time, a Soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service except that a service school efficiency rating based upon academic proficiency of at least "good" rendered subsequent to 11 November 1956 was not disqualifying.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in General Orders.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he qualified for and should have been awarded the AGCM upon his REFRAD was carefully considered and found to have merit.  The applicant's DA Form 20 confirms he received "excellent" conduct and efficiency ratings at all of his active duty assignments and his OMPF is void of any derogatory information or a unit commander disqualification that would have precluded him from receiving the AGCM.  

2.  Further, the applicant's record contains an FB Form 2298, dated
20 December 1971, which confirms his record was void of any derogatory information, and a letter of support from his commander, which confirmed the applicant's performance and conduct were outstanding during his last 16 months of active duty service.  As a result, it would be appropriate to award him the AGCM for his qualifying period of honorable active duty service from 9 February 1971 through 20 November 1972, and to add this award to his record and DD Form 214 at this time.  

3.  The applicant's record also contains orders confirming he was awarded the Expert Marksmanship Qualification Badge with Grenade Bar and the Marksman Marksmanship Qualification Badge with Rifle Bar based on his qualification with the hand grenade and M-16 rifle.  Therefore, it would also be appropriate to add these badges to his DD Form 214 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:

   a.  awarding him the Army Good Conduct Medal for his qualifying period of honorable active duty service from 9 February 1971 through 20 November 1972; and
   
   b.  adding to item 24 of his DD Form 214 the Army Good Conduct Medal, Expert Marksmanship Qualification Badge with Grenade Bar, and Marksman Marksmanship Qualification Badge with Rifle Bar.



      ___________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)                                         AR20090010854



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ABCMR Record of Proceedings (cont)                                         AR20090010854



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