IN THE CASE OF:	  

		BOARD DATE:	    18 January 2011

		DOCKET NUMBER:  AR20100016690 


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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Army Good Conduct Medal (AGCM).  He further requests the issuance of an AGCM certificate.

2.  The applicant states he received this award along with three other Soldiers.  He was informed the paperwork would catch up with him, but it never did.

3.  The applicant provides no additional documentation.

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.  On 4 January 1977, the applicant enlisted in the Regular Army in the rank of private, pay grade E-1.  He completed his initial training and was awarded military occupational specialty 16H (Air Defense Artillery (ADA) Operations/Intelligence).

3.  On 9 May 1977, the applicant was assigned to Headquarters and Headquarters Battery (HHB), 1st Battalion, 67th ADA, located at Fort Lewis, Washington.

4.  On 31 October 1978, the applicant was advanced to specialist four, pay grade E-4.

5.  On 31 October 1978, the applicant departed Fort Lewis for duty in Europe with an ultimate assignment to HHB, 2nd Battalion, 56th ADA on 12 December 1978.

6.  On 15 February 1979, the applicant was reassigned to HHB, 94th ADA.

7.  On 2 May 1979, the applicant received a letter of appreciation from the Chief, Air Defense Element, 32nd ADA Command, congratulating him for outstanding performance of duty in the Missile Control Center.  He was cited for his ability to successfully operate under combat conditions for an extended period of time.

8.  On or about 10 December 1979, the applicant returned to the United States.

9.  On 11 December 1979, the applicant was released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement).  He had completed 2 years, 11 months, and 8 days of creditable active service.  He had no lost time.

10.  Item 28 (Narrative Reason for Separation) of the applicant's DD Form 214 states, "short length of time remaining on active duty precludes reassignment."

11.  Army Regulation 600-8-22 (Military Awards) states the AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during 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.  Although there is no automatic entitlement to the AGCM, disqualification must be justified.



12.  Army Regulation 600-8-22 further states that in instances of disqualification as determined by the unit commander, the commander will prepare a statement of the rationale for his or her decision.  This statement will include the period of disqualification and will be referred to the individual concerned for response.  The unit commander will consider the individual’s statement.  If the commander’s decision remains the same, the commander will forward his or her statement, the individual’s statement, and his or her consideration for permanent filing in the individual’s Official Military Personnel File.  The immediate commander’s decision to award the AGCM will be based on his or her personal knowledge and of the individual’s official records for the periods of service under previous commanders during the period for which the award is to be made.  However, there is no right or entitlement to the medal until the immediate commander has approved the award and the award has been announced in permanent orders.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of the AGCM.  He further requests the issuance of an AGCM certificate.

2.  The evidence of record clearly shows the applicant served in several different units while on active duty.  He progressed through the ranks and attained the rank of specialist four, pay grade E-4.  He was recognized in a letter of appreciation for his outstanding performance.

3.  There is no evidence of record showing the applicant was disciplined for any reason.  There is no evidence showing that any of his commanders took action to deny him award of the AGCM, or that any of them had any reason to do so.

4.  In view of the above, it would be appropriate to award the applicant the AGCM, to include issuing him the certificate.

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 AGCM for the period from 4 January 1977 to 
11 December 1979; and

	b.  issuing him an AGCM Certificate.




      _________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)                                         AR20100016690



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ABCMR Record of Proceedings (cont)                                         AR20100016690



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