IN THE CASE OF:	  

		BOARD DATE:	    8 September 2011

		DOCKET NUMBER:  AR20110003088 


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 he served 3 years honorably and did not receive an AGCM.  He never had any disciplinary action taken against him.

3.  The applicant provides copies of two letters of appreciation.

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 23 July 1973, the applicant enlisted in the Regular Army.  He completed his initial training and was awarded military occupational specialty 95B (Military Police).

3.  The applicant served in the Federal Republic of Germany during the period 28 November 1973 to on or about 12 July 1976.

	a.  On 29 November 1973 he was assigned to the 287th Military Police Company.

	b.  On 1 December 1974, he was advanced to the rank of specialist four/pay grade E-4.

	c.  On 1 September 1975, he was assigned duty as a senior military policeman.

	d.  On or about 12 July 1976, he returned to the United States.

4.  On 22 July 1976, the applicant was released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement).  He completed 3 years of active duty service.  He had completed his required active duty service and was given a reenlistment code of 1 indicating he was fully eligible for reenlistment.

5.  Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Report of Separation from Active Duty) lists his awards as:

* National Defense Service Medal
* Army of Occupation Medal with Germany Clasp (Berlin)
* Expert Marksmanship Qualification Badge with Rifle Bar
* Sharpshooter Marksmanship Qualification Badge with Grenade Bar
* Marksman Marksmanship Qualification Badge with Pistol Bar

6.  Army Regulation 600-8-22 (Military Awards) provides that 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 Good Conduct Medal, disqualification must be justified.

7.  Army Regulation 600-8-22 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.

8.  The applicant provides the following two documents:

	a.  A forwarding endorsement, dated 26 February 1974, from the applicant's commander congratulates him for receiving complimentary correspondence from another officer.

	b.  A letter of appreciation from the Office of the Provost Marshal in Berlin, Germany, dated 11 June 1976, refers to the applicant's outstanding performance of duty during the period 24 February 1975 through 10 June 1976.  It thanks him for his diligent efforts and points to his ability to perform his duties with little or no supervision.

DISCUSSION AND CONCLUSIONS:

The applicant's records show he distinguished himself in the performance of his military service as evidenced by his advancement to specialist four/pay grade E-4 and recognition by the Office of the Provost Marshal attesting to the quality of his service.  There is no evidence of record showing he ever received any disciplinary action or that his commander ever had any reason to deny him award of the AGCM.  Therefore, it is presumed that his not receiving an AGCM for his service was an oversight.  Accordingly, he should be awarded this medal.

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:

	a.  awarding him the AGCM (1st Award) for the period 23 July 1973 to 22 July 1976 and

	b.  showing that in addition to the awards shown on his DD Form 214, his authorized awards include the AGCM.



      ___________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)                                         AR20110003088



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ABCMR Record of Proceedings (cont)                                         AR20110003088



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