IN THE CASE OF:
BOARD DATE: 8 May 2012
DOCKET NUMBER: AR20110022805
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 he be awarded the Army Good Conduct Medal (AGCM).
2. The applicant states that his conduct and efficiency were both evaluated consistently as excellent throughout his nearly three years of active duty.
3. The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and DA Form 24 (Service Record).
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 applicants 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 applicants 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 on 21 August 1961. He completed basic combat anad advanced individual training, and was awarded military occupational specialty 988.2646 (Voice Interpreter). The highest rank/grade he attained while serving on active duty was specialist five/E-5.
3. The applicant's DA Form 24, section 4 (Chronological Record of Military Service) shows he received "excellent" conduct and efficiency ratings at all of his active duty assignments.
4. The applicant's record is void of any derogatory information or a unit commander's disqualification that would have precluded him from receiving the AGCM. His record is void of any orders or documents indicating he was ever recommended for or awarded the AGCM.
5. On 3 June 1964, the applicant was honorably released from active duty in the rank of specialist five/E-5 after completing 2 years, 9 months, and 13 days of active duty service. His DD Form 214 shows he earned the following awards during his active duty tenure:
* Marksmanship Qualification Badge with Rifle Bar (M-1)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
6. Army Regulation 672-5-1 (Military Awards) provided the Army's awards policy in effect at the time. It 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. 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's request for award of the AGCM has been carefully considered and is found to have merit.
2. The applicant did not have any evidence of derogatory information in his military record or a disqualification from a unit commander that would have precluded him from receiving the AGCM. He received "excellent" efficiency and conduct ratings throughout his military service; therefore, it would be appropriate to award the applicant the AGCM and add it 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:
a. awarding the applicant the AGCM (1st award) for the period 21 August 1961 through 3 June 1964, and
b. adding the AGCM 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) AR20110022805
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2007 | 20070002876C071029
The applicant states, in effect, that actually thought he had already been awarded the AGCM and when he requested to be issued his medals, he thought he would receive the AGCM; however, when he did not receive the award, he realized the AGCM was not included in the list of awards entered on his separation document (DD Form 214). By regulation, a member is eligible to receive an AGCM for each three-year period of honorable active duty service and while there is no automatic entitlement to...
ARMY | BCMR | CY2009 | 20090015919
In view of the foregoing, it would be appropriate to award him the first award of the AGCM for his qualifying honorable active duty service from 3 April 1961 through 23 March 1964 and to add this award to his DD Form 214 at this time. The evidence of record also shows that based on his active duty during a qualifying period, the applicant is eligible for the NDSM. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a....
ARMY | BCMR | CY2011 | 20110024608
The applicant's DA Form 24 (Service Record), section 4 (Chronological Record of Military Service) shows he received all "excellent" conduct and efficiency ratings throughout his active duty military service. During the Vietnam War, item 24c of the DD Form 214 in effect at that time showed the total active duty outside the continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater in which service was performed (e.g., USAREUR or USARV). ...
ARMY | BCMR | CY2014 | 20140003131
The applicant, the daughter of a deceased former service member (FSM), requests correction of the FSM's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show all awards the FSM is authorized as a result of his active duty service. The evidence of record shows the FSM received all "excellent" conduct and efficiency ratings throughout his active duty service and his records are void of derogatory information or a commander's disqualification that would have...
ARMY | BCMR | CY2011 | 20110018210
Army Regulation 672-5-1 (Awards), in effect at the time, provided that the AGCM was awarded to enlisted Soldiers who had completed a qualified period of active duty enlisted service. Based on the applicant's overall quality of service subsequent to his "good" rating in conduct during BCT, it would be appropriate, as an exception to policy, to award the applicant the first award of the AGCM and to correct his DD Form 214 to show this award. As a result, the Board recommends that all...
ARMY | BCMR | CY2012 | 20120000184
The applicant requests award of the United Nations Service Medal (UNSM) and any other awards he is entitled to. Army Regulation 600-8-22 states the Korea Defense Service Medal (KDSM) is authorized for award to members of the Armed Forces of the United States who served on active duty in support of the defense of the ROK. Army Regulation 672-5-1 (Military Awards) provided the Army's awards policy in effect at the time.
ARMY | BCMR | CY2008 | 20080014237
Application for correction of military records (with supporting documents provided, if any). As a result, it would be appropriate to award the applicant the first award of the AGCM, for his qualifying period of honorable active duty service from 27 July 1964 through 26 July 1966. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding him the Army Good Conduct Medal for his qualifying period of active duty service from...
ARMY | BCMR | CY2010 | 20100028945
Department of the Army General Orders Number 8, dated 1974, authorized the award of the RVN Gallantry Cross with Palm Unit Citation to all personnel assigned to the RVN from 8 February 1962 through 28 March 1973. The evidence of record confirms the applicant did not complete the minimum 6 months service in the RVN as required by regulation for award of the RVN Campaign Medal with Device (1960). As a result, the Board recommends that all Department of the Army records of the individual...
ARMY | BCMR | CY2006 | 20060000956C070205
John G. Heck | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests, in effect, award of the Army Service Ribbon (ASR), and any other award to which he is entitled. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding him the first award of the Army Good Conduct Medal for his qualifying active duty service from 9 April 1958 through 8...
ARMY | BCMR | CY2015 | 20150001135
The applicant requests reconsideration of his earlier request for correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the: * Army Good Conduct Medal * Vietnam Service Medal (VSM) with two bronze service stars * Republic of Vietnam Campaign Medal with Device 1960 (RVNCM) 2. The applicant provides: * Self-Authored Statement * Army Board for Correction of Military Records (ABCMR) letter with original Record of Proceedings * DA Form 20 (Enlisted...