IN THE CASE OF:
BOARD DATE: 19 July 2012
DOCKET NUMBER: AR20120001900
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 had no disciplinary problems and served honorably for more than 34 months. He claims his service record qualified him for the AGCM which was not awarded and should have been.
3. The applicant provides no documentary evidence in support of his application.
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 March 1966, and was trained in, awarded, and served in military occupational specialty (MOS) 31E (Field Radio Repairer).
3. The record shows the applicant was advanced to the rank/grade of specialist five (SP5)/E-5 on 10 June 1968, which is the highest rank/grade he held while serving on active duty. His DA Form 20 (Enlisted Qualification Record) shows he received excellent conduct and efficiency ratings throughout his service. His record is void of any derogatory information or a unit commander's disqualification that would have precluded award of the AGCM.
4. On 21 January 1969, the applicant was honorably released from active duty after completing 2 years, 10 months, and 1 day of active military service. The
DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) he was issued at the time does not include the AGCM in the list of earned awards it contains.
5. 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 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 and there must have been no convictions by a court-martial.
DISCUSSION AND CONCLUSIONS:
The applicants request to be awarded the AGCM has been carefully considered and found to have merit. The evidence of record confirms the applicant received excellent conduct and efficiency ratings throughout his service with no record of any derogatory information or a unit commander's disqualification that would have precluded this award. As a result, it would be appropriate to award him the first award of the AGCM for the period 21 March 1966 through 21 January 1969, and to correct his DD Form 214 to show this award.
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 awarding him the Army Good Conduct Medal (1st Award) for the period 21 March 1966 through 21 January 1969 and by amending his DD Form 214 to add this award.
_______ _ __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) AR20120001900
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ABCMR Record of Proceedings (cont) AR20120001900
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