IN THE CASE OF:	  

		BOARD DATE:	  18 December 2012

		DOCKET NUMBER:  AR20120010658 


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:

	a.  He was denied the AGCM because of an unjust Article 15.  Two weeks into service while doing push-ups his drill sergeant took his foot and kicked him in the groin area to straighten out his back.  He came off the ground and told the drill sergeant to keep his feet off of him.  He knows it was training, but it did not justify denial of the AGCM.

	b.  He was taken to see the noncommissioned officer (NCO) in charge.  The NCO in charge told him that if he could show him how tough he was then he would not receive the Article 15.  He was tired and not in shape yet, but he was not crazy either, so the NCO issued the Article 15.  He still thinks it was unjust to pay for this mistake, plus be denied the AGCM.

3.  The applicant provides no additional evidence.

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 was inducted into the Army of the United States on 23 January 1967 in the rank/grade of private (PV1)/E-1.

3.  On 14 March 1967, while in basic combat training (BCT), he accepted nonjudicial punishment (NJP) under the provisions of Article 15, Uniform Code of Military Justice, for being disrespectful in language toward his superior NCO on 13 March 1967.

4.  He completed training and he was awarded military occupational specialty 11E (Armor Crewman).

5.  He served in Korea from 16 June 1967 through 15 July 1968.  He was promoted to specialist five (SP5)/E-5 on 13 June 1968.

6.  His record contains a DA Form 20 (Enlisted Qualification Record) that shows in:

* item 29 (Qualification in Arms) he qualified expert with the pistol
* item 38 (Record of Assignments) he received all "excellent" conduct and efficiency ratings throughout his service

7.  There is also no evidence of a commander's disqualification that would have precluded him from being recommended for the first award of the AGCM.

8.  On 22 January 1969, he was honorably released from active duty at the expiration of his term of service and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining service obligation.  He completed 2 years of total active service with no time lost.  His
DD Form 214 shows he was awarded the:

* National Defense Service Medal
* Armed Forces Expeditionary Medal (Korea)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

9.  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 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.  There must have been no convictions by a court-martial.

10.  Army Regulation 600-8-22 (Military Awards) states the Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant received all "excellent" conduct and efficiency ratings throughout his service with no evidence of a commander's disqualification for the first award of the AGCM.  There is evidence of minor indiscipline during BCT; however, this minor indiscipline should not overshadow the successful completion of his term of service.  He attained the rank/grade of SP5/E-5 and he completed his term of service.  Therefore, it would be appropriate at this time to award him the AGCM (1st Award) for the period
23 January 1967 through 22 January 1969 and to correct his DD Form 214 to show this award.

2.  Records show he qualified expert with the pistol.  Therefore, his DD Form 214 should be corrected to show the Expert Marksmanship Qualification Badge with Pistol Bar.

3.  The applicant served during a qualifying period of service for entitlement to the Korea Defense Service Medal.  Therefore, 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 Army Good Conduct Medal (1st Award) for the period 23 January 1967 through 22 January 1969
* adding to his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Korea Defense Service Medal
* Expert Marksmanship Qualification Badge with Pistol Bar



      ____________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)                                         AR20120010658



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ABCMR Record of Proceedings (cont)                                         AR20120010658


   
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