Search Decisions

Decision Text

ARMY | BCMR | CY2012 | 20120021194
Original file (20120021194.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:	  4 June 2013

		DOCKET NUMBER:  AR20120021194 


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 had a clean record and never got into any trouble; however, he did not receive 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.  On 30 June 1958, the applicant enlisted in the Regular Army.  He completed his initial training and was awarded military occupational specialty 642.10 (Heavy Vehicle Driver).

3.  Section 1 (Appointments, Promotions, or Reductions) of the applicant's DA Form 24 (Service Record) shows the following rank advancements:

* private/pay grade E-2 – 30 October 1958
* private first class/pay grade E-3 – 24 March 1959
* specialist four/pay grade E-4 – 29 September 1960

4.  Section 4 (Chronological Record of Military Service) of the applicant's DA Form 24 shows he received "excellent" conduct and efficiency ratings except for the following two periods:

* 19 November 1958 to 25 January 1959 – Company D, 2nd Airborne Group, 501st Infantry, Fort Bragg, NC – conduct and efficiency each rated as "good"
* 26 January to 27 April 1959 – 538th Transportation Company, Fort Bragg, NC – conduct rated as "unknown" and efficiency rated as "good"

5.  On 25 May 1961, the applicant was honorably released from active duty.  He had attained the rank of specialist four/pay grade E-4 and had completed 2 years, 10 months, and 26 days of creditable active duty service.

6.  The applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) lists his awards as:

* Expert Marksmanship Qualification Badge with Rifle Bar
* Sharpshooter Marksmanship Qualification Badge with Carbine Bar

7.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to enlisted Soldiers who had completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.  Ratings of "unknown" for portions of the period under consideration were not disqualifying.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he should be awarded the AGCM because he had a clean record and never got into any trouble.

2.  The available records show the applicant received conduct and efficiency ratings of "good" during a portion of his active duty service which disqualified him from award of the AGCM.

3.  In view of the above, the applicant's request should be denied.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___x____  ____x___  ____x___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      _______ _   _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)                                         AR20120021194



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120021194



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2013 | 20130010967

    Original file (20130010967.txt) Auto-classification: Denied

    Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20120003323 on 23 August 2012. The applicant provides copies of pictures of two individuals in military uniforms which were not discussed in the previous ABCMR Record of Proceedings. There is no evidence in his available military records indicating he was awarded or recommended for...

  • ARMY | BCMR | CY2012 | 20120003323

    Original file (20120003323.txt) Auto-classification: Denied

    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. During this period of training he received conduct and efficiency ratings of "good." The applicant contends that he should be awarded the AGCM for his honorable service and his DD Form 214 should be corrected to show this award.

  • ARMY | BCMR | CY2010 | 20100017981

    Original file (20100017981.txt) Auto-classification: Approved

    His military record shows he enlisted in the Regular Army for a period of 3 years and entered active on 21 May 1956. Based on his overall record of service for that period, it would be appropriate to award him the first award of the AGCM and to correct his DD Form 214 for the period ending 14 June 1965 to show this award. Therefore, he is entitled to show award of the AFEM and correction of his DD Form 214 for the period ending 13 May 1959 to show this award.

  • ARMY | BCMR | CY2003 | 03099539C070212

    Original file (03099539C070212.doc) Auto-classification: Denied

    The Board considered the following evidence: Exhibit A - Application for correction of military records. There are no documents in available records indicating that the applicant's command ever took actions to follow-up on the recommendation to administratively discharge the applicant. Army Regulation 635-208, in effect at the time, provided the authority for discharging enlisted personnel for unfitness.

  • ARMY | BCMR | CY2013 | 20130013989.

    Original file (20130013989..txt) Auto-classification: Denied

    BOARD DATE: 22 April 2014 DOCKET NUMBER: AR20130013989 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. 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 the 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...

  • ARMY | BCMR | CY2011 | 20110018560

    Original file (20110018560.txt) Auto-classification: Approved

    The applicant requests that the DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) of her deceased husband, a former service member (FSM) be corrected to reflect awards of the Army Good Conduct Medal (AGCM), National Defense Service Medal (NDSM), the Sharpshooter Marksmanship Badge with rifle bar and any other awards to which he is entitled. Therefore, in the interest of justice, this error should be corrected by awarding the FSM the AGCM (1st Award) and...

  • ARMY | BCMR | CY2014 | 20140014310

    Original file (20140014310.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Army Good Conduct Medal (AGCM), National Defense Service Medal (NDSM), and Army Overseas Service Ribbon (OSR). Army Regulation 600-8-22 (Military Awards) states the NDSM is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a...

  • ARMY | BCMR | CY2011 | 20110017655

    Original file (20110017655.txt) Auto-classification: Approved

    The evidence of record shows the applicant served in Korea from 15 November 1958 to 29 November 1959. Although Change Number 15 to Army Regulation 635-5 which authorized an entry on the DD Form 214 to indicate Indochina and Korea service on or after 5 August 1964 was not published until 1972, there is no harm in adding his Korea service during the period 15 November 1958 to 29 November 1959 to his DD Form 214 at this time. As a result, the Board recommends that all Department of the Army...

  • ARMY | BCMR | CY2013 | 20130012129

    Original file (20130012129.txt) Auto-classification: Approved

    Item 29 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in Germany from 20 July 1961 through 3 July 1962. According to Table 2-2, Soldiers assigned to Berlin during the period 14 August 1961 through 1 June 1963 qualified for award of the AFEM. His record does not show he was stationed in Berlin; therefore, barring evidence to the contrary, there is an insufficient basis to award him either the AOM or AFEM.

  • ARMY | BCMR | CY2011 | 20110011288

    Original file (20110011288.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal is awarded to individuals who completed a qualifying period of active duty enlisted service. 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 18...