BOARD DATE: 3 July 2012
DOCKET NUMBER: AR20120002219
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 there is no record of him being awarded the AGCM. He believes that since other members of his unit received the award, he was just overlooked.
3. The applicant provides his U.S. Air Force DD Form 214 (Certificate of Release or Discharge from Active Duty) 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 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 record shows the applicant enlisted in the Regular Army on 15 November 1960 and was trained in and awarded military occupational specialty 140.00 (Field Artillery).
3. The applicant's DA Form 24 (Service Record) covering his service from 15 November 1960 through 7 November 1963 shows he was advanced to private first class (PFC) on 1 July 1962 and this is the highest rank he attained while serving on active duty.
4. Section 4 (Chronological Record of Military Service) of the applicant's DA Form 24 shows he received "good" conduct and efficiency ratings in his last active duty assignment in Germany.
5. On 7 November 1963, the applicant was honorably released from active duty (REFRAD) in the rank of PFC after completing 2 years, 11 months, and 23 days of active military service during this period. The AGCM is not included in the list of awards contained on the DD Form 214 he was issued at the time.
6. 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. 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:
The regulation in effect at the time required a member receive all "excellent" conduct and efficiency ratings and not to have had a court-martial in order to qualify for the AGCM. In this case, the evidence of record shows the applicant received "good" conduct and efficiency ratings in his last assignment in Germany. As a result, the applicant did not qualify to be awarded the AGCM at the time of his REFRAD.
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) AR20120002219
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