IN THE CASE OF:
BOARD DATE: 6 June 2013
DOCKET NUMBER: AR20120020663
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 would like to know why he was not awarded the AGCM
* he entered the U.S. Army on 15 August 1968
* he completed 3 years of active duty during wartime with exemplary conduct
* he was given an honorable discharge for completing his 3-year contract
* he would like to be able to wear 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 enlisted in the Regular Army on 15 August 1968, in pay grade E-1. He completed training as a food inspection specialist. He was promoted through the ranks to specialist five (E-5).
3. The applicant's DA Form 20 (Enlisted Qualification Record) shows he had excellent conduct and efficiency ratings while he was in the Army.
4. After completing 2 years, 11 months, and 29 days of total active service, the applicant was honorably released from active duty on 13 August 1971. He was transferred to the U.S. Army Reserve Control Group (Reinforcement).
5. The applicant's 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 Expert Marksmanship Qualification Badge with Rifle Bar (M-14).
6. There is no evidence in his records of any court-martial convictions, personnel actions, or statements that would justify his disqualification for 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. However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in General Orders.
DISCUSSION AND CONCLUSIONS:
1. There is no evidence in his records of any court-martial convictions, personnel actions or statements that would justify the applicant's disqualification for award of the AGCM. Additionally, he was promoted through the ranks from pay grade E-1 to E-5 in less than 3 years. Based on the available evidence, he should be awarded the AGCM and his DD Form 214 should be corrected to show this award.
2. In view of the foregoing, the applicant's records should be corrected as recommended below.
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 for the period 15 August 1968 through 13 August 1971, while serving in the rank of specialist five (E-5); and
b. amending his DD Form 214 to show he was awarded the AGCM.
_______ _ _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) AR20120020663
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ABCMR Record of Proceedings (cont) AR20120020663
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