IN THE CASE OF:
BOARD DATE: 28 September 2010
DOCKET NUMBER: AR20100010925
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, in effect, that he believes his performance on active duty and the recognition he received during his service warrants award of the AGCM.
3. The applicant provides:
* a letter explaining his application
* a letter of commendation and two certificates of appreciation
* a copy of his promotion orders to sergeant (SGT)/E-5
* a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty)
* a copy of his National Guard Bureau (NGB) Form 22 (Report of Separation and record of Service)
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 9 March 1982 for a period of 3 years and training as a tank systems mechanic. He successfully completed his training and he was assigned to Fort Polk, LA for his first duty assignment. He was subsequently transferred to an armor battalion in Germany and he was promoted to SGT/E-5 on 21 July 1984.
3. On 27 February 1985 he was honorably released from active duty at Fort Dix, NJ due to completion of his term of service. He had served 2 years, 11 months, and 19 days of total active service. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the Army Service Ribbon and the Overseas Service Ribbon.
4. A review of his official records shows that he received one Noncommissioned Officer Evaluation Report (NCOER) for which he received maximum ratings. His records do not contain any derogatory information and there is no evidence of the commander taking any action to deny him the award of the AGCM.
5. Army Regulation 672-5-1, in effect at the time, established the criteria for award of the AGCM. It states, in pertinent part, that the AGCM is awarded for exemplary behavior, efficiency, and fidelity in active Federal military service. The regulation also states, in pertinent part, that for first award only, upon termination of service on or after 27 June 1950, a period of service of less than 3 years but more than 1 year qualifies for award of the AGCM. There is no automatic entitlement to award of the AGCM; however, the commander must notify the individual Soldier in writing if he intends to deny the award of the AGCM and the denial must be filed in the official records.
DISCUSSION AND CONCLUSIONS:
1. After carefully examining the applicants record of service, it appears that the applicant should have received the AGCM for his service from 9 March 1982 through 27 February 1985. This conclusion is based on the fact that the record is void of any derogatory information which would preclude the applicant from being awarded the AGCM, and the lack of any specific action by the applicants unit commander to disqualify him from receiving the award.
2. Accordingly, it would be in the interest of justice to award him the AGCM 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 (First Award) for period
9 March 1982 through 27 February 1985 and
b. adding to item 13 of his DD Form 214 the Army Good Conduct Medal (First Award).
____________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) AR20100010925
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ABCMR Record of Proceedings (cont) AR20100010925
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