IN THE CASE OF:
BOARD DATE: 6 May 2010
DOCKET NUMBER: AR20090018975
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).
2. The applicant states the AGCM is not on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and it was never received.
3. The applicant provides a copy of his DD Form 214.
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 enlisted in the Regular Army on 24 January 1966. He was trained in and awarded military occupational specialty 13A (Field Artillery Basic). He was honorably released from active duty on 24 January 1969 with 2 years,
11 months, and 28 days of creditable active military service.
3. A DA Form 20 (Enlisted Qualification Record) shows the following:
* in item 31 (Foreign Service), the applicant served in the Republic of Vietnam (RVN) during the period 12 December 1966 through 5 December 1967
* in item 44 (Time Lost Under Section 972, Title 10, U.S. Code and Subsequent to Normal Date ETS), the applicant was absent without leave (AWOL) from 3 September 1966 to 5 September 1966
* in item 38 (Record of Assignments), the applicant received a conduct/efficiency rating of fair/good for the period 6 September 1966 through 3 November 1966, and good/good for the period 15 January 1967 through 4 December 1967
* in item 38, the applicant received conduct/efficiency ratings of excellent for all other periods
4. The applicant's record includes six DA Forms 2627-1 (Record of Proceedings Under Article 15, UCMJ [Uniform Code of Military Justice]). He accepted non-judicial punishment (NJP) for the following offenses:
a. AWOL during the period 3 September 1966 to 6 September 1966. His punishment was reduction to E-1, forfeiture of $25.00 per month for 2 months, and restriction for 30 days.
b. Failing to obey a lawful order issued by a noncommissioned officer on
5 October 1966. His punishment was a verbal reprimand, forfeiture of $20.00 pay for 1 month, and extra duty for 14 days.
c. Failing to go at the time prescribed to his place of duty on 18 January 1967 and absenting himself from his unit without proper authority on 27 January 1967. His punishment was reduction to E-2, forfeiture of $15.00 per month for 1 month, and extra duty for 14 days. His appeal of the punishment as being too severe was denied.
d. Violating curfew and wrongfully possessing an unauthorized pass with intent to deceive on 13 February 1967. His punishment was reduction to E-1, and extra duty and restriction for 14 days.
e. Appearing in the headquarters battery area in an improper uniform on
16 June 1967. His punishment was forfeiture of $20.00 for 1 month.
f. Exceeding the posted speed limit on Fort Meade, MD on 18 October 1968. His punishment was forfeiture of $20 for 1 month.
5. A DA Form 137 (Installation Clearance Record) completed prior to his released from active duty shows the applicant was recommended for the AGCM.
6. The record is void of documentation showing the applicant was awarded the AGCM.
7. Army Regulation 672-5-1 (Awards), in effect at the time, states the AGCM is awarded to individuals who have completed 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. The enlisted person must have had all excellent conduct and efficiency ratings and no convictions by a court-martial. 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 request to be awarded the AGCM was carefully considered and not supported by the evidence in this case.
2. Although the record shows the applicant was recommended for award of the AGCM on his DA Form 137, evidence of record shows he did not receive all "excellent" conduct and efficiency ratings during his service and he accepted NJP on six occasions. There is no documentary evidence showing the recommendation for the AGCM was approved by the proper authority or that the GCM was awarded. Therefore, he is not entitled to award of the AGCM.
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) AR20090018975
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