IN THE CASE OF:
BOARD DATE: 9 August 2012
DOCKET NUMBER: AR20120002883
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 he believes that he deserved the award of the AGCM for his service.
3. The applicant provides no additional documents with 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 4 September 1973 for a period of 3 years and training as a Hercules Missile Crewman. He completed his training at Fort Bliss, Texas and remained assigned there for his first assignment.
3. He was promoted to the pay grade of E-5 on 30 July 1975.
4. He was honorably released from active duty due to the expiration of his term of service. He had served 3 years of total active service.
5. A review of his official records failed to show any derogatory information that would serve to disqualify him for award of the AGCM. His records also show that he receive maximum evaluation report scores.
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. There must have been no convictions by a court-martial.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that he should have been awarded the AGCM has been noted and appears to have merit.
2. After carefully examining the applicant's record of service, it appears the applicant should have received the first award of the AGCM for his service from 4 September 1973 through 3 September 1976. His record is void of any derogatory information which would have precluded him from being awarded the AGCM and lacks any specific action by his commander to disqualify him from receiving this award.
3. The evidence further suggests the applicant did not receive the AGCM as a result of an administrative error. Therefore, the applicant should be awarded the first award of the AGCM and his DD Form 214 should be corrected 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 AGCM (first award) for the period of 4 September 1973 through 3 September 1976 and adding it 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) AR20120002883
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ABCMR Record of Proceedings (cont) AR20120002883
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