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ARMY | BCMR | CY2011 | 20110004697
Original file (20110004697.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:	  15 September 2011

		DOCKET NUMBER:  AR20110004697 


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 that his award of the Army Good Conduct Medal be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states that he received and wore the awards of the National Defense Service Medal (NDSM) and the Army Good Conduct Medal (AGCM); however, his DD Form 214 only reflects the award of the NDSM.

3.  The applicant provides copies of his DD Form 214s.

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 enlisted in the Regular Army in Cleveland, Ohio on 25 October 1966 for a period of 2 years under the Officer Candidate School (OCS) enlistment option.  He completed his basic training at Fort Dix, New Jersey and his advanced individual training as a light weapons infantryman at Fort McClellan, Alabama before being transferred to Fort Lee, Virginia to attend the Quartermaster Corps OCS. 

3.  On 12 September 1967 he was honorably discharged in the pay grade of E-5 to accept a commission as an officer in the Army.  He had served 10 months and 18 days of active service.

4.  On 13 September 1967 he accepted a commission as a United States Army Reserve (USAR) Quartermaster Corps second lieutenant with a concurrent call to active duty.  He was transferred to Fort Benning, Georgia for his first and only duty assignment and was promoted to the rank of first lieutenant.  He remained there until he was honorably released from active duty (REFRAD) on 12 September 1969 and was transferred to the USAR Control Group (Reinforcement).  His DD Form 214 issued at the time of his REFRAD shows that he was awarded the NDSM. 

5.  A review of his official records failed to show any orders awarding him the AGCM or any entries indicating that the award of the AGCM was ever entered in his records.  

6.  Army Regulation 672-5-1 (Awards), in effect at the time, 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, paragraph 3-3 of that regulation provided special provisions for award of the AGCM which provided that entry into service as a cadet or midshipman at any United States service academy or discharge from enlisted status for immediate entry on active duty in an officer status is considered termination of service for the purpose of awarding the Good Conduct Medal. 



DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that he was awarded the AGCM has been noted and appears to lack merit.  There are no orders or entries present in his records to show that he was awarded the AGCM and the applicant has not provided evidence to support his contention that he was awarded the AGCM. 

2.  The applicable regulation allows for award of the AGCM for a period of less than 3 years but requires a minimum of 1 year of enlisted service to be awarded the AGCM.  The applicant had less than 11 months of enlisted service at the time he was commissioned.

3.  Accordingly, the applicant was not eligible for award of the AGCM in accordance with the regulations in effect at the time and now in effect.

4.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__X_____  ___X____  ___X____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      ___________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)                                         AR20110004697





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ABCMR Record of Proceedings (cont)                                         AR20110004697



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