IN THE CASE OF:	  

		BOARD DATE:	  12 January 2012

		DOCKET NUMBER:  AR20110013913 


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 correction of his DD Form 214 (Report of Separation from Active Duty) to show all awards he earned, to include the Army Good Conduct Medal (AGCM).

2.  The applicant states he believes his record is in error and he is entitled to award of the AGCM.

3.  The applicant provides a copy of his DD Form 214 (Member Copy #1).

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 1 August 1975, the applicant enlisted in the Regular Army.  He completed his initial training and was awarded military occupational specialty 13B (Field Artillery Crewman).  He was subsequently assigned for duty at Fort Ord, California.

	a.  On 12 December 1975, he was assigned as a field artillery crewman with Headquarters and Headquarters Battery, 7th Infantry Division.

	b.  On 22 April 1976, he accepted nonjudicial punishment for missing morning parade formation.  He was absent for about 2 hours.

	c.  On 1 November 1976, he was advanced to the rank of specialist four/pay grade E-4.

3.  DA Form 4187 (Disposition Form), dated 9 April 1979, indicates that action was initiated for award of the AGCM; however, the form on file was not completed or signed by the commander.

4.  His DA Form 2 (Personnel Qualification Record - Part I) indicates the suspense date for award of the AGCM was updated to July 1981.

5.  On 31 July 1979, the applicant was released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement).  He completed 4 years of active duty service.  He completed his required active duty service and was given a reentry eligibility code of 1 indicating he was fully eligible for reenlistment.

6.  Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Service Copy #2) lists only the Expert Marksmanship Qualification Badge with Rifle Bar.

7.  The Member Copy #1 of the applicant's DD Form 214, as provided by the applicant, shows in item 26:

	a.  Expert Marksmanship Qualification Badge with Rifle Bar and

	b.  Army Commendation Medal (ARCOM).  (The entry for the ARCOM is at a different alignment from the rest of the document, indicating it was typed at a later time.)

8.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The ARCOM may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

	b.  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 AGCM, disqualification must be justified.

9.  Army Regulation 600-8-22 states that in instances of disqualification for the AGCM 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show the AGCM and all other awards he earned.

2.  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 completion of his entire 4-year active duty service obligation.  The minor disciplinary action for missing a morning formation should not be a basis to deny him the AGCM.  Records show that action was initiated to award him the AGCM, but for unknown reason(s) was not properly completed.  Furthermore, there is no evidence of record showing the commander took any action to deny him the AGCM.  Therefore, it is presumed that 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 1 August 1975 to 31 July 1978 and

	b.  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)                                         AR20110013913



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ABCMR Record of Proceedings (cont)                                         AR20110013913



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