IN THE CASE OF:
BOARD DATE: 23 August 2012
DOCKET NUMBER: AR20120003323
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) 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 never received the AGCM. His service was honorable and he willingly complied with the demands of a military environment, was loyal and obedient to his superiors, faithfully supported the goals of the U.S. Army, and conducted himself in an exemplary manner to distinguish his unit and himself. He contends that he should have received this medal 30 days prior to his discharge when he was serving in Germany.
3. The applicant provides copies of:
* DD Form 214
* letter to the Commander, U.S. Army Reserve Personnel Center, St. Louis, Missouri, dated 26 June 2011
* letter from the National Personnel Records Center, St. Louis, Missouri, dated 11 July 2011
* Army Regulation 600-8-22 (Military Awards), paragraphs 4-1 through 4-11
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. On 4 November 1958, the applicant was inducted into the Army of the United States. He completed his initial training at Fort Hood, Texas, and was then sent to Fort Sam Houston, Texas, for advanced individual training.
3. During the period 6 February to 2 April 1959, the applicant was assigned for training with Company B, 3d Battalion, U.S. Army Medical Training Center, Fort Sam Houston, Texas. During this period of training he received conduct and efficiency ratings of "good."
4. The applicant was subsequently assigned for duty in the Federal Republic of Germany as a medical specialist with the 2d Reconnaissance Squadron, 15th Cavalry Regiment.
5. On 1 June 1960, the applicant was advanced to the rank of specialist four/pay grade E-4.
6. On 24 October 1960, the applicant was honorably released from active duty and transferred to the U.S. Army Reserve. He completed 1 year, 11 months, and 21 days of creditable active duty service.
7. Army Regulation 672-5-1 (Awards), in effect at the time, provided that the AGCM was awarded to enlisted Soldiers 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. Ratings of "unknown" for portions of the period under consideration were not disqualifying. Service school efficiency ratings based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 were not disqualifying.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that he should be awarded the AGCM for his honorable service and his DD Form 214 should be corrected to show this award.
2. There are no orders in the applicant's military records showing he was awarded the AGCM and there is no indication that the applicant's commander recommended him for this medal.
3. The applicant received a conduct rating of "good" while attending training at Fort Sam Houston, Texas, in 1959.
4. In view of the above, the applicant did not meet the requirements for award of the AGCM. Therefore, his request should be denied.
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) AR20120003323
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ABCMR Record of Proceedings (cont) AR20120003323
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