IN THE CASE OF:
BOARD DATE: 29 August 2013
DOCKET NUMBER: AR20130002510
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 the Army Good Conduct Medal (AGCM) and any other awards to which he may be entitled.
2. The applicant states:
a. he received numerous letters of appreciation and achievement, and a V Corps medallion;
b. his awards include the National Defense Service Medal (NDSM), Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and the Driver and Mechanic Badge with Wheeled Vehicle Bar;
c. other veterans have questioned why he has not received the AGCM for his service to the country; and
d. his record should be reviewed for consideration of all awards for which he qualified.
3. The applicant provides photo copies of:
* a DD Form 214 (Report of Separation from Active Duty)
* orders for the Driver and Mechanic Badge with Wheeled Vehicle Bar
* two Letters of Appreciation
* two Certificates of Achievement and a Certificate of Appreciation
* a V Corps Medallion (front and back)
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's military record shows he was initially inducted into the Army of the United States on 20 April 1971, and he served until he was honorably discharged on 25 April 1971. The DD Form 214 for this period shows he completed 6 days service and earned no awards.
3. On 26 April 1971, the applicant enlisted in the Regular Army. He was trained in and awarded military occupational specialty 62M (Rough Terrain Forklift Load Operator).
4. His DA Form 20 (Enlisted Qualification Record) shows he served in Germany from 25 January 1972 to 15 April 1974, while assigned for duty with Company D, 317th Engineer Battalion. It also shows he earned the NDSM and qualified as a sharpshooter with the M16 rifle.
5. Item 38 (Record of assignments) of his DA Form 20 shows he received "excellent" conduct and efficiency ratings at each of his active duty assignments. His military record is void of any derogatory information or a unit commander's disqualification that would have precluded him from receiving the AGCM.
6. On 22 April 1974, the applicant was honorably released from active duty after completing a total of 3 years and 3 days creditable active duty service. The
DD Form 214 issued to him at that time shows he earned the:
* NDSM
* Sharpshooter Marksmanship Qualification Badge with M-16 Rifle Bar
7. The applicant's military record contains no orders or other documents to show he was awarded or recommended for any additional awards.
8. The applicant provides Headquarters, V Corps, Special Orders Number 151, dated 31 May 1973. It announced award of the Driver and Mechanic Badge with Wheeled Vehicle Bar.
9. The applicant provides two letters of appreciation, four certificates, and a copy of a V Corps medallion, awarded him in recognition or appreciation for his service, achievement, and/or outstanding duty performance while serving in the Army.
10. Army Regulation 672-5-1 (Awards) 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 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.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record confirms the applicant received excellent conduct and efficiency ratings at each of his active duty assignments and his record is void of any derogatory information or a unit commander disqualification that would have precluded him from receiving the AGCM. Therefore, it would be appropriate to grant him this award for his qualifying period of honorable active duty service from 20 April 1971 through 19 April 1974 and to add this award to DD Form 214.
2. In addition, the applicant provides official orders announcing his award of the Driver and Mechanic Badge with Wheeled Vehicle Bar. This qualification is not currently listed on his DD Form 214 and should be added at this time.
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 Army Good Conduct Medal for his qualifying period of honorable service form 20 April 1971 to 19 April 1974; and
b. amending his DD Form 214 issued on 22 April 1974 by adding the Army Good Conduct Medal and the Driver and Mechanic Badge with Wheeled Vehicle 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) AR20130002510
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