IN THE CASE OF:
BOARD DATE: 24 August 2010
DOCKET NUMBER: AR20100007628
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 that the Army Good Conduct Medal (AGCM) be added to his records.
2. The applicant states he was awarded the AGCM, but it is not shown on his DD Form 214 (Report of Separation from the Armed Forces of the United States).
3. The applicant provides:
* a copy of his DD Form 214
* a page from his DD Form 230 (Service Record) showing award of the National Defense Service Medal and Army of Occupation Medal (Germany)
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 was inducted into the Army of the United States for 2 years on 14 July 1953. He was trained as an infantryman, transferred to Germany, and assigned to the 373rd Armored Infantry Battalion. He served in Germany from 28 December 1953 to 21 December 1954. When he departed Germany, his commander rated his character and efficiency as "excellent" and recommended him for award of the AGCM.
3. In January 1955, the applicant returned to the United States and Fort Sheridan, IL, where he was processed for separation. He was honorably separated on 16 May 1955.
4. The applicant's records show promotions from private/E-1 to private/E-2 and private first class/E-3; he was never reduced in rank. The records also show he had no lost time and no court-martial convictions.
5. Army Regulation 600-65 (Service Medals), in effect at the time, stated the AGCM was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for the first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; 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. A Soldier's conduct and efficiency ratings, including those pertinent to attendance at service schools, must have all been recorded as "excellent" or higher, except that ratings of "unknown" for portions of the period under consideration and service school efficiency ratings of less than "excellent" entered prior to 3 March 1946, would not be disqualifying. There must have been no convictions by 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.
6. The applicant's records show he qualified as a marksman with the M-1 rifle and the 81-milimeter mortar.
DISCUSSION AND CONCLUSIONS:
1. The applicant states he was awarded the AGCM, but it is not shown on his DD Form 214.
2. The applicant's records show no derogatory information, "excellent" character and efficiency ratings, and a positive recommendation for award of the AGCM from his commanding officer.
3. The already-awarded AGCM should be added to the applicant's DD Form 214. Likewise, the Marksman Marksmanship Qualification Badge with Rifle Bar (M-1) and Mortar Bar (81MM) should be added to his DD Form 214.
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
adding the AGCM and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-1) and Mortar Bar (81MM) to his DD Form 214.
_____________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) AR20100007628
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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