BOARD DATE: 16 August 2012
DOCKET NUMBER: AR20120002712
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, in effect, award of 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 show this award.
2. The applicant states he was recommended for the AGCM shortly before he was discharged but was never given the award, nor was it placed on his DD Form 214. He would like to have his good and honorable service reflected on his discharge document.
3. The applicant provides his DD Form 214 and a DA Form 137 (Installation Clearance 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 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 was inducted into the Army of the United States on 27 May 1968. He completed initial entry training and was awarded military occupational specialties 91A (Medical Corpsman) and 91B (Medical Specialist).
3. On 26 May 1970, he was honorably released from active duty and transferred to the U.S. Army Reserve. The DD Form 214 he was issued shows he was credited with the completion of 2 years of total active service. His DD Form 214 does not show he was previously awarded the AGCM. The highest rank/grade he attained during his period of service was specialist five/E-5.
4. There is no indication in his available record that shows he was awarded the Army Good Conduct Medal. Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings throughout his service. There is no evidence of a commander's disqualification for the award. Additionally, there is no evidence of any convictions by courts-martial or nonjudicial punishment under Article 15, Uniform Code of Military Justice (UCMJ).
5. Army Regulation 672-5-2 (Awards), in effect at the time, states the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service. This period was 3 years, except in those cases when the period for the first award ended with the termination of a period of Federal military service. The enlisted person must have had all excellent conduct and efficiency ratings and no convictions by a court-martial.
DISCUSSION AND CONCLUSIONS:
His record shows he served honorably from 27 May 1968 to 26 May 1970, received no court-martial actions, and consistently received "excellent" conduct and efficiency ratings. Therefore, he is entitled to be awarded the AGCM and to have it 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 27 May 1968 to 26 May 1970, and by amending his DD Form 214 to add the AGCM (1st 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) AR20090018975
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20120002712
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2014 | 20140019009
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. Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal 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,...
ARMY | BCMR | CY2013 | 20130017298
The applicant requests, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Air Medal with appropriate oak leaf clusters and the Army Commendation Medal (ARCOM). Therefore, he is entitled to award of the AGCM (1st Award) for the period 11 June 1968 to 2 June 1970 and correction of his DD Form 214 to show this award. As a result, the Board recommends that all Department of the Army records of the individual...
ARMY | BCMR | CY2012 | 20120002564
Army Regulation 672-5-1 (Awards and Decorations), in effect at the time, provided that the AGCM was awarded to individuals who completed a qualifying period of active duty enlisted service. The designated period of eligibility for service in Korea is 1 October 1966 to 30 June 1974. c. 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 Republic of Korea. As a result,...
ARMY | BCMR | CY2011 | 20110004346
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Bronze Star Medal (BSM) with "V" Device and all unit awards he is entitled to that were not awarded prior to his release from active duty. Therefore, it would be appropriate at this time to correction his DD Form 214 to show the BSM (2nd Award) and with "V" Device. As a result, the Board recommends that all Department of the Army records of the individual...
ARMY | BCMR | CY2014 | 20140009543
Army Regulation 672-5-1 (Military Awards), in effect at the time, required that the enlisted person must have had all "excellent" conduct and efficiency ratings (service school efficiency ratings based upon academic proficiency of at least good rendered subsequent to 22 November 1955 were not disqualifying) and no convictions by a court-martial throughout a qualifying period of service for award of the AGCM. Therefore, it would be appropriate at this time to award him the AGCM (1st Award)...
ARMY | BCMR | CY2014 | 20140001819
Army Regulation 600-8-22 (Military Awards) states the Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973. Therefore, he should be awarded the AGCM (1st Award) for the period 24 October 1968 through 23 October 1970 and his DD Form 214 should be corrected to show this award. As a result, the Board recommends...
ARMY | BCMR | CY2012 | 20120010009
BOARD DATE: 13 December 2012 DOCKET NUMBER: AR20120010009 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. He had served 2 years of active service and his DD Form 214 issued at the time of his REFRAD shows that he was awarded the National Defense Service Medal, Vietnam Service Medal with bronze service star, Vietnam Campaign Medal with device 60, and the Army Commendation Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be...
ARMY | BCMR | CY2014 | 20140003346
The applicant requests award of the Army Good Conduct Medal (AGCM). The applicant served a qualifying period of service for award of two Overseas Service Bars; therefore, he is entitled to correction of his DD Form 214 to show two Overseas Service Bars. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from his DD Form 214 the Overseas Service Bar; b. awarding him the AGCM (1st Award) for the period 16 May...
ARMY | BCMR | CY2014 | AR20140004020
His DA Form 20 (Enlisted Qualification Record), dated 28 October 1970, shows in: a. item 38 (Record of Assignments), his conduct and efficiency were rated as: (1) "excellent" from 27 May 1968 through 4 March 1971 and contains the entry "GCM" for the last rating period (3 November 1970 4 March 1971) indicating he was specifically rated for the purpose of establishing a period of qualifying service for award of the AGCM (1st award); and (2) "good" from 5 March 1971 through 14 May 1971. b....
ARMY | BCMR | CY2014 | 20140014873
Therefore, it would be appropriate to award him the AGCM (1st Award) for the period 1 July 1968 to 3 July 1970, and to correct his DD Form 214 to show this award. Therefore, there is sufficient evidence to award him the CIB and to add this award to his DD Form 214. 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 of 1 July 1968 to 3 July 1970 and the CIB for action on...