IN THE CASE OF:
BOARD DATE: 17 January 2012
DOCKET NUMBER: AR20110013646
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 to be awarded the Army Good Conduct Medal (AGCM) and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to add this award.
2. The applicant states he was separated at Fort Hood, TX, in 1971. The AGCM was promised to him, but he did not receive it in time to out-process. He earned the AGCM and would like it awarded.
3. The applicant provides:
* his DD Form 214
* two certificates of appreciation
* a letter of commendation
* his Honorable Discharge Certificate
* his National Guard Bureau Form 22 (Report of Separation and Record of Service in the Army National Guard)
* an Army National Guard promotion certificate for staff sergeant
* honorable discharge orders from the Army National Guard
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 service records are incomplete; however, the following is known:
* he served in the Regular Army on a 3-year enlistment from 24 October 1968 through 3 September 1971
* he completed a total of 2 years, 10 months, and 10 days of active service
* he had no lost time
* he was a military policeman, military occupational specialty 95B
* he rose to the rank of sergeant (SGT)/E-5 on 17 December 1970
* he served in Vietnam from 27 March 1969 to 20 March 1970
3. The applicant's DA Form 20 (Enlisted Qualification Record) is not available; thus, his conduct and efficiency ratings are unknown.
4. 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 the 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, 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 requests award of the AGCM.
2. The applicant's DA Form 20 is not available. However, based on the available evidence including his service without lost time, his promotion to SGT in slightly more than 2 years, his honorable release from active duty, and the certificates of appreciation and commendation which he provided it appears his service was honorable and faithful and deserving of the AGCM.
3. The applicant should be awarded the AGCM for the period 24 October 1968 through 3 September 1971 and it should be 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 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:
* awarding him the AGCM (1st Award) for the period 24 October 1968 through 3 September 1971
* adding the AGCM (1st Award) to 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) AR20110013646
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ABCMR Record of Proceedings (cont) AR20110013646
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