DOCKET NUMBER: AR20090016514
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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) contains the entry "None" in item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized). However, he should have received the AGCM based on his 3 years of service. He indicates the fact that he rose to the rank of specialist five (SP5)/E-5 indicates his conduct was not poor.
3. The applicant provides his 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 military record is not available to the Board for review. A fire destroyed approximately 18 million service members records at the National Personnel Records Center (NPRC) in 1973. It is believed that the applicant's records were lost or destroyed in that fire. However, there were sufficient documents on file for the Board to conduct a fair and impartial review of this case. This case is being considered using reconstructed records, which primarily consist of the applicant's DD Form 214 and miscellaneous documents that remain in the NPRC file.
3. The applicant's DD Form 214 shows he enlisted in the Regular Army on
28 March 1956. He was awarded and served in military occupational specialty (MOS) 014.30 (Chemical Engineer Assistant). He held the rank of SP5/E-5 at the time of separation and his effective date of rank was 17 November 1958.
4. The DD Form 214 confirms the applicant was honorably released from active duty, on 27 March 1959, by reason of expiration of term of service, after completing 3 years of active duty service. Item 26 contains the entry "None," and item 32 (Remarks) confirms he accrued no time lost during his active duty tenure.
5. The applicant's NPRC file contains separation orders at Fort Carson, Colorado, dated 25 March 1959, which authorized the applicant's REFRAD on
27 March 1959. The NPRC file is void of any derogatory information or a unit commander disqualification that would have precluded award of the AGCM.
6. Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy. Chapter 4 of the awards regulation 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 based on completion of a period of honorable active military service was carefully considered and found to have merit.
2. Although the applicant's record is believed to have been lost in a fire at the NPRC in 1973, his DD Form 214 confirms he completed 3 years of honorable active duty service. It further shows he accrued no time lost during this period and that he attained the rank of SP5/E-5 during his tenure on active duty.
3. Based on the information contained on his DD Form 214 and absent any indication of derogatory information or a unit commander disqualification in the available NPRC file, it is reasonable to presume he distinguished himself sufficiently through his conduct, efficiency and fidelity to qualify for the AGCM.
4. In view of the available information it would be appropriate to err in favor of the applicant and award him the AGCM for his qualifying period of honorable active duty service from 28 March 1956 through 27 March 1959 and to add this award 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 awarding him the Army Good Conduct Medal for his qualifying period of active duty service from 28 March 1956 through 27 March 1959; amending item 26 of his DD Form 214 by deleting the current entry and replacing it with the entry "Army Good Conduct Medal"; and by providing him a correction to his DD Form 214 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) AR20090016514
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