IN THE CASE OF:
BOARD DATE: 31 January 2013
DOCKET NUMBER: AR20120012334
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 the only problem he had while in the service was that nonjudicial punishment (NJP) was imposed against him for stopping at a donut shop in fatigues to pick up donuts for his office at Fort Benning, GA. He also states he spent 3 years in the Army and he believes he is deserving of the AGCM.
3. The applicant provides no additional documents with his application.
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 14 June 1965 for a period of
3 years and training as a personnel specialist. He successfully completed his training and he was transferred to Germany on 7 December 1965.
3. He departed Germany on 23 May 1966 and was transferred to Fort Benning for assignment as a personnel management specialist. He was advanced to the rank/grade of specialist four (SP4)/E-4 on 27 June 1966.
4. On 17 February 1967, the applicant accepted NJP under the provisions of Article 15, Uniform Code of Military Justice for violating a Fort Benning regulation by stopping at a public place (donut shop) in fatigues.
5. He was promoted to sergeant (SGT)/E-5 on 14 April 1967. On 13 June 1968, he was honorably released from active duty (REFRAD) at the expiration of his term of service. He completed 3 years of total active service. The DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he was awarded the National Defense Service Medal and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).
6. His record contains the Article 15 for being at an off-post establishment in fatigues, which is the only derogatory information contained in his record. His record contains a DA Form 20 (Enlisted Qualification Record) that shows he received all "excellent" conduct and efficiency ratings throughout his service. There is no evidence of a commander's disqualification that would have precluded the applicant from being recommended for an awarded the first award of the AGCM.
7. 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; 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. There must have been no convictions by a court-martial.
DISCUSSION AND CONCLUSIONS:
A review of the applicant's record shows he received all "excellent" conduct and efficiency ratings throughout his period of service. Although he accepted NJP for a minor offense his records do not contain any other derogatory information or a commander's disqualification for the AGCM. Therefore, it would be appropriate at this time to award him the AGCM (1st Award) for the period 14 June 1965 through 13 June 1968 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 awarding him the Army Good Conduct Medal (1st Award) for the period 14 June 1965 through 13 June 1968 and 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) AR20120012334
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20120012334
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2011 | 20110015171
There is no evidence in the available records to show that he was awarded the Purple Heart. Accordingly, he should be awarded the AGCM (1st Award) for the period 2 August 1967 to 21 August 1969 and his DD Form 214 should be corrected to show this medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * Awarding him the Purple Heart for wounds received in action in Vietnam on 6 June 1968 and adding it to his DD Form...
ARMY | BCMR | CY2013 | 20130008539
The evidence shows the applicant was wounded in his right arm and leg on 26 October 1965; however, his DD Form 214 shows he was wounded in his left leg. Therefore, his DD Form 214 should be corrected to show these unit awards. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * awarding him the AGCM (1st Award) for the period 14 June 1963 through 6 June 1966 * deleting award of the VSM from his DD Form 214 * adding award...
ARMY | BCMR | CY2010 | 20100024578
In the absence of orders or other sufficient evidence to show he is entitled to award of the Purple Heart, there appears to be no basis to add that award to his records at this time. Accordingly, he should be awarded the AGCM (1st Award) for the period 13 March 1967 to 10 October 1968 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: * awarding him the AGCM (1st...
ARMY | BCMR | CY2010 | 20100022305
Section 2 (Chronological Record of Military Service) of his DA Form 24 (Service Record) shows he received "excellent" conduct ratings throughout his service. Records show he participated in three campaigns during his service in the RVN; therefore, he is entitled to correction of his DD Form 214 to show three bronze service stars to be affixed to his previously-awarded Vietnam Service Medal. Awarding him the Army Good Conduct Medal (1st Award) for the period 12 September 1963 through 15...
ARMY | BCMR | CY2013 | 20130001823
Application for correction of military records (with supporting documents provided, if any). Item 38 (Record of Assignments) of the applicant's DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings at all of his active duty assignments. 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 18 October 1965 through 17 October...
ARMY | BCMR | CY2012 | 20120003644
The applicant requests his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show all awards or medals he is entitled to including the Bronze Star Medal (BSM) and the Army Good Conduct Medal (AGCM). For Vietnam service, one overseas service bar was authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973. As a result, the Board recommends that all Department of the...
ARMY | BCMR | CY2011 | 20110011979
Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service. General orders awarded him the Air Medal which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this award. The evidence of record shows he was awarded the Vietnam Service Medal.
ARMY | BCMR | CY2014 | 20140000310
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. After carefully examining the applicants record of service, it appears the applicant should have received the AGCM (1st Award) for his service from 19 July 1967 through 3 July 1968. As a result, the Board recommends that all Department of...
ARMY | BCMR | CY2010 | 20100023833
His records show that he received excellent conduct and efficiency ratings throughout his service and his record is void of any derogatory information that would serve to disqualify him for award of the AGCM. 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...
ARMY | BCMR | CY2012 | 20120006063
The applicant states: a. he was awarded the ARCOM on 10 March 1970; however it is not recorded on his DD Form 214; b. two days prior to leaving Vietnam, he was awarded the BSM containing the statement "orders to follow"; c. while he received the actual BSM, he never received the order; and d. he recently learned that subsequent to his active duty service, his unit was authorized and awarded two VUAs and the RVNGC during his period of service with that unit. His DD Form 214 issued on 24...