IN THE CASE OF:	  

		BOARD DATE:	  30 August 2011

		DOCKET NUMBER:  AR20110002875 


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, in effect, that he be awarded the Army Good Conduct Medal (AGCM) and to add this award to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). 

2.  He states that he had distinguished himself from among his fellow Soldiers by his exemplary conduct, efficiency, and fidelity throughout a specified period of continuous enlisted active Federal military service.  He received three letters that outline his superior service throughout his 1 year and 11 month career.  He was honorably was released from active duty (REFRAD) in the grade of sergeant (SGT)/E-5.  

3.  He provides three letters of commendation and a copy of his DD Form 214. 

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.  His military personnel record shows he was inducted into the Army of the United States on 11 May 1966.  After the completion of training, he served in military occupational specialty 13E (Field Artillery Operations and Intelligence Assistant). 

3.  His DA Form 20 (Enlisted Qualification Record) shows the following entries:

	a.  Item 31 (Foreign Service ) – he served a tour of duty in the Federal Republic of Germany from 23 September 1966 through 20 April 1968;

	b.  Item 33 (Appointments and Reductions) – the highest grade he attained while serving in the military was that of SGT/E-5 (Temporary) on 16 February 1968.  This item shows no indication he was ever reduced in grade;

	c.  Item 38 (Record of Assignments) – he received all “Excellent” conduct and efficiency ratings during his military career;

	d.  Item 41 (Awards and Decorations) – he was awarded the National Defense Service Medal (NDSM); 

   e.  Item 42 (Remarks) – no entry showing he was denied award of the AGCM; and 

	f.  Item 44 (Time Lost under Section 972, Title 10, United States Code and Subsequent to Normal Date Expiration Term of Service) – no lost time annotated. 

4.  There are no orders in the applicant's military personnel records awarding him the AGCM and his record is also void of any derogatory information, disciplinary actions or court-martial convictions which would serve to disqualify him for this award.

5.  He provided three documents, dated 1967, from three members of his chain of command.  This correspondence shows he was congratulated by his brigade commander on being chosen as the Colonel’s Orderly due to his outstanding appearance and knowledge of military subjects.  His duty performance was also noted as outstanding.  Both his battalion commander and company commander endorsed the original letter and stated that a copy would be filed in his Military Personnel Records Jacket. 

6.  He was honorably REFRAD on 24 April 1968 and transferred to the U.S. Army Reserve, Control Group (Annual Training), under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), and was given a Separation Program Designator of 411, for Early Separation of Overseas Returnee.  He was separated in the rank and pay grade of SGT/E-5.  He had completed 1 year, 11 months, and 14 days active military service, with no lost time.

7.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the National Defense Service Medal.  

8.  Army Regulation 672-5-1 (Awards), 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 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.  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 was not awarded the AGCM when he was due consideration for its award on 24 April 1968.

2.  A review of his records revealed no disqualifying information that would result in denial and his DA Form 20 is absent of an entry to show he was denied for award of the AGCM.  He received all "Excellent" conduct and efficiency ratings.

3.  It appears that an administrative oversight occurred which resulted in the failure to award him the AGCM; therefore, he is entitled to the first award of the AGCM for the period of service from 11 May 1966 to 24 April 1968 and to have it 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 awarding him the AGCM (First Award) for the period of service from 11 May 1966 to 24 April 1968 and adding this award to item 24 of 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)                                         AR20110002875





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ABCMR Record of Proceedings (cont)                                         AR20110002875



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