IN THE CASE OF:
BOARD DATE: 19 May 2011
DOCKET NUMBER: AR20100027422
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), and correction of his DD Form 214 (Report of Separation from Active Duty) to show this award.
2. The applicant states the AGCM is not listed on his DD Form 214, despite being awarded the medal at Fort Riley, KS.
3. The applicant provides no additional evidence.
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, for a 3-year term, on 10 September 1971. He completed training and was awarded military occupational specialty 76Y (Unit Supply Specialist).
3. On 18 July 1975, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group for the remainder of his service obligation. His DD Form 214 shows he completed 3 years, 10 months, and 9 days of total active service, including 1 year, 2 months, and 2 days of foreign service. The highest rank/pay grade he attained during his period of service was specialist five/E-5.
4. Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not indicate he was previously awarded the AGCM.
5. His record is void of documentation showing he was awarded the AGCM.
6. Item 38 (Record of Assignments) of his DA Form 20 shows he consistently received "excellent" conduct and efficiency ratings.
7. His service record does not contain information showing convictions by courts-martial or receipt of nonjudicial punishment under Article 15, Uniform Code of Military Justice (UCMJ).
8. Army Regulation 672-5-2 (Awards), in effect at the time, states the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service. This period was 3 years, except in those cases when the period for the first award ended 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that he is authorized award of the AGCM was carefully considered and determined to have merit.
2. His record shows he served honorably, received no court-martial actions, and consistently received "excellent" conduct and efficiency ratings. Therefore, his contention that he was awarded the medal appears to be valid and the failure to list it on his DD Form 214 appears to have been an administrative oversight. He is entitled to have the Army Good Conduct Medal (First Award) added to 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 the evidence presented is 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 amending item 26 of his DD Form 214 to add 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) AR20090018975
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ABCMR Record of Proceedings (cont) AR20100027422
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