BOARD DATE: 11 December 2012
DOCKET NUMBER: AR20120010579
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 was an enlisted member of the Army who completed three consecutive years of honorable and faithful service
* He had no nonjudicial punishments, disciplinary infractions, or court-martial offenses
3. The applicant provides a copy of his DD Form 214 (Report of Separation from Active Duty).
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 10 June 1976 for a period of
3 years. He completed his training and was awarded military occupational specialty 05G (signal security specialist). On 9 June 1979, he was honorably released from active duty in the rank of specialist four after completing 3 years of creditable active service with no time lost.
3. His DD Form 214 does not show the AGCM as an authorized award.
4. There are no orders for the AGCM in the available records.
5. There also is no evidence of any disciplinary or adverse actions or a commander's disqualification that would have precluded him from being awarded the AGCM.
6. Army Regulation 600-8-22 (Military Awards) states the AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying 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. Although there is no automatic entitlement to the AGCM, disqualification must be justified.
DISCUSSION AND CONCLUSIONS:
The applicant was released from active duty in the rank/grade of specialist four with 3 years of total active service with no time lost. There is no evidence of any disciplinary actions or a commander's disqualification for award of the AGCM. It appears he met the eligibility criteria for the first award of the AGCM for the period 10 June 1976 through 9 June 1979. Therefore, he is entitled to the first award the AGCM and correction of 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 first award of the AGCM for the period 10 June 1976 through 9 June 1979; and
b. adding the AGCM (1st 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) AR20120010579
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20120010579
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2013 | 20130018406
The applicant requests correction of his DD Form 214 (Report of Separation from Active Duty) to show his award of the Army Commendation Medal (ARCOM). Therefore, he should be awarded the AGCM (1st Award) and his DD Form 214 should be corrected to show this award. 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 7 September 1976 through 6 September 1979; and b. adding to...
ARMY | BCMR | CY2011 | 20110013913
He completed 4 years of active duty service. Furthermore, there is no evidence of record showing the commander took any action to deny him the AGCM. 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 1 August 1975 to 31 July 1978 and b. adding the AGCM (1st Award) to his DD Form 214.
ARMY | BCMR | CY2012 | 20120001082
His DA Form 2 (Personnel Qualification Record), dated 15 January 1979, also lists his rank title as SP5 in item 9 (Grade). As a result, it would be appropriate to award the applicant the AGCM for his qualifying honorable active service from 22 August 1975 through 21 August 1978, and 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 Army Good Conduct Medal for...
ARMY | BCMR | CY2010 | 20100020222
The applicant requests correction of his DD Form 214 (Report of Separation from Active Duty) by: * Showing his new name as changed by court order on 16 July 2010 * Showing his completion of the Psychological Operations Orientation Course of 2 weeks in 1974 * Showing his completion of the Primary Leadership Course of 4 weeks in 1978 * Awarding him the second award of the Army Good Conduct Medal (AGCM) * Adding his award of the German Marksmans Medal (Bronze) * Adding his Certificate of...
ARMY | BCMR | CY2011 | 20110003088
He completed 3 years of active duty service. Army Regulation 600-8-22 (Military Awards) provides that the AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service. There is no evidence of record showing he ever received any disciplinary action or that his commander ever had any reason to deny him award of the AGCM.
ARMY | BCMR | CY2010 | 20100011412
Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, correction of his 6 January 1979 DD Form 214 to show the following awards: * Army Good Conduct Medal * Expert Marksmanship Qualification Badge with rifle bar * Overseas Service Ribbon * All unit citations 2. While the evidence of record verifies the applicant's service in Germany from July 1976 to January 1979, he is not entitled to the award of the Overseas...
ARMY | BCMR | CY2014 | 20140002535
The applicant requests correction of his DD Form 214 (Report of Separation from Active Duty) for the period ending 16 August 1976 to show: * his status as a Vietnam era veteran vice post-Vietnam veteran * the National Defense Service Medal (NDSM), Marksman Marksmanship Qualification Badge with Rifle Bar (M-16), and Sharpshooter Marksmanship Qualification Badge with Grenade Bar 2. Therefore, there is no basis for entering any marksmanship qualification badges on the DD Form 214 documenting...
ARMY | BCMR | CY2014 | 20140002535
The applicant requests correction of his DD Form 214 (Report of Separation from Active Duty) for the period ending 16 August 1976 to show: * his status as a Vietnam era veteran vice post-Vietnam veteran * the National Defense Service Medal (NDSM), Marksman Marksmanship Qualification Badge with Rifle Bar (M-16), and Sharpshooter Marksmanship Qualification Badge with Grenade Bar 2. Therefore, there is no basis for entering any marksmanship qualification badges on the DD Form 214 documenting...
ARMY | BCMR | CY2014 | 20140014406
The applicant requests correction to his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the: * Army Service Ribbon (ASR) * Overseas Service Ribbon (OSR) * Army Good Conduct Medal (AGCM) * Expert Marksmanship Qualification Badge with Rifle Bar (M16) * all other awards authorized or awarded 2. Service medals and awards are not issued by the Army Board for Correction of Military Records (ABCMR). As a result, the Board recommends that all Department of the Army...
ARMY | BCMR | CY2014 | 20140011655
IN THE CASE OF: BOARD DATE: 19 February 2015 DOCKET NUMBER: AR20140011655 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests, in effect, correction of her DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 27 February 1979, to show award of the Army Good Conduct Medal (AGCM). As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding her the Army Good Conduct...