IN THE CASE OF:
BOARD DATE: 23 October 2012
DOCKET NUMBER: AR20120008404
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 he completed the required length of honorable service necessary for award of the AGCM.
3. The applicant provides:
* his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* an extract of Army Regulation 600-8-22 (Military Awards) pertaining to the AGCM
* a letter from the National Personnel Records Center (NPRC), St. Louis, MO, dated 4 April 2012
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 enlisted in the Regular Army (RA) on 1 March 1972. He was trained in and awarded military occupational specialty (MOS) 91A (Medical Specialist).
3. His DA Form 20 (Enlisted Qualification Record) shows in item 38 (Record of Assignments) he received an "unknown" conduct and efficiency rating while in a training status at Fort Sam Houston, TX. However, he received all "excellent" conduct and efficiency ratings at the remainder of his active duty assignments.
4. His Army Military Human Resource Record (AMHRR), formerly known as the Official Military Personnel File (OMPF), is void of any derogatory information or a unit commander's disqualification that would have precluded him from being recommended for an awarded the first award of the AGCM.
5. On 4 January 1974, the applicant was honorably discharged by reason of physical disability with entitlement to severance pay. He completed 1 year,
10 months, and 4 days of total active service. The DD Form 214 he was issued at the time does not include the AGCM among the listed awards.
6. 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, 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. Ratings of "Unknown" for portions of the period under consideration were not disqualifying. There must have been no convictions by a court-martial.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends he should be awarded the Army Good Conduct Medal.
2. The evidence of record confirms he received one period of "unknown" and all other periods of "excellent" conduct and efficiency ratings through his active duty service. In addition, his AMHRR is void of any derogatory information or a unit
commander disqualification that would have precluded him from receiving the first award of the Army Good Conduct Medal. Therefore, it would be appropriate at this time to award him the Army Good conduct Medal (1st Award) for the period 1 March 1972 through 4 January 1974 and to correct his DD Form 214 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:
a. awarding him the Army Good Conduct Medal (1st Award) for the period
1 March 1972 through 4 January 1974, and
b. adding this award 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) AR20120008404
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