IN THE CASE OF:	 

		BOARD DATE:	  11 May 2010

		DOCKET NUMBER:  AR20090018918 


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 award of the Army Good Conduct Medal (AGCM) 
(7th Award).

2.  The applicant states he completed over 22 years of honorable service and his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) should reflect the award of the AGCM (7th Award).

3.  The applicant provides four DD Forms 214 for the period from 19 January 1951 through 31 May 1973.

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 military records show he enlisted in the Regular Army on 
19 January 1951.  He trained in and was awarded military occupational specialty (MOS) 05B (Radio Operator).  He attained the rank of sergeant first class (SFC) on 14 September 1965, and this is the highest rank he attained while serving on active duty.  

3.  The review of the applicant's DD Forms 214 shows he earned the following awards during his service:

* Army Commendation Medal
* Armed Forces Expeditionary Medal
* Senior Parachutist Badge
* Expert Infantryman Badge
* National Defense Service Medal with oak leaf cluster
* Combat Infantryman Badge
* Vietnam Campaign Medal 
* Vietnamese Gallantry Cross with Palm
* Presidential Unit Citation
* Army Good Conduct Medal (6th Award)
* Letter of Commendation

4.  The applicant's records contain AGCM orders for the following periods: 

* 19 January 1951 through 18 January 1954
* 19 January 1954 through 18 January 1957 (Second Award)
* 27 June 1958 through 26 June 1961 (Third Award)
* 1 February 1962 through 31 January 1965 (Fourth Award) 
* 31 January 1965 through 30 January 1968 (Fifth Award)
* 31 January 1968 through Date of Separation on or about 30 January 1971

5.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) indicates he received overall “excellent” conduct and efficiency ratings throughout his active duty service except for one academic "good" rating.

6.  The applicant’s Official Military Personnel File (OMPF) is void of any derogatory information or of a unit commander disqualification that would have precluded him from receiving the seventh award of the AGCM.

7.  There is no break in service reflected on the four DD Forms 214 in the applicant's record, or in the DA Form 2339 (Application for Voluntary Retirement) completed on 30 January 1973 during his retirement processing.

8.  The applicant was retired on 31 May 1973.  The DD Form 214 he was issued at the time shows he completed 22 years, 4 months, and 12 days of continuous active military service.  

9.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provides the Good Conduct Medal 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.
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 received seven award of the AGCM based on his completion of over 22 years of honorable active duty service has been carefully considered and found to have merit. 

2.  The evidence of record confirms the applicant completed 22 years, 4 months, and 12 day of continuous active military service, and was retired on 31 May 1973.  

3.  There is no evidence in the applicant's OMPF that he was disqualified by his chain of command from receiving the AGCM.  His record contains no evidence of a court-martial, instances of non-judicial punishment, time lost, or any other disciplinary event that would have altered his AGCM eligibility dates during his active duty tenure.  His DA Form 20 shows he received all "excellent" conduct and efficiency ratings except for one academic "good" rating.

4.  Absent any evidence of derogatory information or of a unit commander disqualification precluding him from receiving the AGCM (7th Award), it would be appropriate and serve the interest of justice and equity to award him the AGCM (7th Award).  It would also be equitable to err in his favor and presume administrative errors in the qualifying award periods for the third, fourth, fifth and sixth award of the AGCM by revoking those orders and issuing new orders with the correct periods. 



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.  revoking the orders awarding him the Army Good Conduct Medal (third, fourth, fifth, and sixth awards)

	b.  awarding him the Army Good Conduct Medal as follows:

* 19 January 1957 through 18 January 1960 (Third Award)

* 19 January 1960 through 18 January 1963 (Fourth Award)

* 19 January 1963 through 18 January 1966 (Fifth Award)

* 19 January 1966 through 18 January 1969 (Sixth Award) 

* 19 January 1969 through 18 January 1972 (Seventh Award) and 

c.  providing him a correction to his DD Form 214 for the period ending 
31 May 1973 that includes these changes. 




      _______ _  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)                                         AR20090018918



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ABCMR Record of Proceedings (cont)                                         AR20090018918


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