BOARD DATE: 23 October 2012
DOCKET NUMBER: AR20120004853
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 correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show award of the Army Good Conduct Medal (AGCM).
2. The applicant states the AGCM was omitted from his DD Form 214.
3. The applicant provides a copy of his DD Form 214.
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. On 15 January 1951, the applicant enlisted in the Regular Army for a period of 3 years. He completed his initial training and was assigned for duty in military occupational specialty (MOS) 4405 (Clerk Typist). He was subsequently awarded MOS 1014 (Wheel Vehicle Mechanic) and 1816 (Personnel Administration Specialist).
3. On or about 4 September 1951, the applicant was assigned for duty at Fort Davis, Canal Zone.
4. On 23 April 1953, the applicant was temporarily promoted to sergeant, pay grade E-5.
5. On 18 October 1953, the applicant departed the Canal Zone.
6. On or about 19 October 1953, the applicant was assigned for duty at Fort Lewis, Washington.
7. On 14 January 1954, the applicant was discharged. His characterization of service was honorable. He had completed 3 years of active duty service and served 1 year, 11 months, and 25 days of overseas service.
8. His DA Form 20 (Qualification Record - Enlisted Personnel) shows in Item 46 (Record of Current Service) the applicant's principal duties, MOSs, and organizations. However, the space intended for noting his ratings was not completed.
9. The applicant's DA Form 24A (Service Record) shows no record of trials by court-martial, no lost time, and no negative endorsements from his commanders. In 1951 and 1953, his commanders gave him a favorable consideration for award of the AGCM.
10. The applicant's DD Form 214 shows his only award as the National Defense Service Medal.
11. Army Regulation 672-5-1 (Awards), in effect at the time, provided that the AGCM was awarded to enlisted Soldiers who had completed a qualified period of active duty enlisted service. This period is 3 years except in those cases when the period for the first award ends 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 are not disqualifying. Service school efficiency ratings based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 are not disqualifying.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show award of the AGCM.
2. The applicants records clearly show that he distinguished himself in the performance of his military service as evidenced by his attaining the rank of sergeant and serving his complete term of enlistment, approximately two-thirds of which was served overseas. His commanders noted their favorable consideration for award of the AGCM. Therefore, it is presumed the applicant's failure to be awarded the AGCM for his service was an oversight. Accordingly, he should be awarded this medal.
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:
a. awarding him the AGCM (1st Award) for the period 15 January 1951 to
14 January 1954; and
b. adding to his DD Form 214 the Army Good Conduct Medal (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) AR20120004853
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