IN THE CASE OF:	  

		BOARD DATE:	  23 September 2010

		DOCKET NUMBER:  AR20100010979 


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 that he was 5 days short of satisfying the 3 year qualifying period of service necessary for the award of the AGCM; however, he made Solder of the month for his battalion and served honorably while on active duty.

3.  The applicant provides a self-authored statement and a copy of his
DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) 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 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 record shows he enlisted in the Regular Army (RA) on            9 November 1959.  He was trained in and awarded military occupational specialty (MOS) 177.00 (Air Defense Missile Crewman).

3.  The applicant's DA Form 24 (Service Record) shows in Section 4 (Chronological Record of Military Service) that he received a “Good” efficiency rating while attending his initial entry training during the period 18 November 1959 to 29 January 1960.  It also shows he received “Excellent” conduct and efficiency ratings at each of his active duty assignments subsequent to his initial entry training period.

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

5.  Section 9 (Medals, Decorations, and Citations) of the DA Form 24 includes entries showing the applicant earned the Sharpshooter Marksmanship Qualification Badge with Carbine Badge and Marksman Marksmanship Qualification Badge with Rifle Bar.  It also identifies the orders authorizing these badges.

6.  On 3 November 1962, the applicant was honorably released from active duty (REFRAD) after completing 2 years, 11 months, and 25 days of active military service.  Item 26 (Decorations, Medals, Commendations, Citations or Campaign Ribbons Awarded or Authorized) of the DD Form 214 contains a blank entry.

7.  Army Regulation 672-5-1 (Awards) stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for 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.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  Ratings of "Unknown" for portions of the period under consideration were not disqualifying.  Service school efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to                22 November 1955 were not disqualifying.  There must have been 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 contends he should be awarded the AGCM.
2.  The evidence of record confirms the applicant received a “Good” efficiency rating during his initial entry training and no less than “Excellent” conduct and efficiency ratings at each of his other active duty assignments as evidenced by his DA Form 24.  In addition, his OMPF is void of any derogatory information or a unit commander disqualification that would have precluded him from receiving the AGCM.  As a result, it would be appropriate to award him the AGCM for his qualifying period of honorable active duty service from 9 November 1959 through 3 November 1962 and to add this award to his record and DD Form 214 at this time.

3.  The evidence of record also confirms the applicant earned the Sharpshooter  Marksmanship Qualification Badge with Rifle Bar and the Marksman Marksmanship Qualification Badge with Carbine Bar and that these qualifications were announced in official orders as evidenced by entries contained on his DA Form 24.  Therefore, it would also be appropriate to add these badges 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:

   a.  awarding him the Army Good Conduct Medal for his qualifying period of honorable active duty service from 9 November 1959 through 3 November 1962; 
   
   b.  amending item 26 of his DD Form 214 by adding the Army Good Conduct Medal, Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and Marksman Marksmanship Qualification Badge with Carbine Bar; and
   
c.  providing him a correction to his DD Form 214 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)                                         AR20100010979





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ABCMR Record of Proceedings (cont)                                         AR20100010979



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