IN THE CASE OF:
BOARD DATE: 7 November 2013
DOCKET NUMBER: AR20130003504
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 correction of his records to show he was awarded the Army Good Conduct Medal (AGCM).
2. The applicant states he received the AGCM in 1984 and would like it replaced before he dies.
3. The applicant provides no additional documentary 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 10 November 1981, the applicant enlisted in the Regular Army. He was awarded military occupational specialty 75B (Personnel Administration Specialist). The highest rank he held was private first class/E-3.
3. His record contains numerous DA Forms 4856 (General Counseling Form) showing he was counseled repeatedly for infractions including failure to repair, reporting late for duty, failure to properly maintain records, dereliction of duty, and being absent from his place of duty.
4. He accepted nonjudicial punishment in August 1982 for unlawfully pushing another Soldier in the chest with his hand. On 14 September 1983, he accepted nonjudicial punishment for absenting himself from his place of duty and failure to obey a lawful general regulation.
5. His records are void of any orders or other documents that indicate he was ever recommended for or awarded the AGCM by proper authority.
6. On 3 November 1983, he was discharged under the provisions of Army Regulation 635-200, chapter 9, for alcohol abuse - rehabilitation failure with an under honorable conditions (general) characterization of service after completing 1 year, 11 months, and 24 days of creditable active service with no lost time. His DD Form 214 (Certificate of Release or Discharge from Active Duty) does not show the AGCM.
7. Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards. Chapter 4 prescribes the policy for award of the AGCM. It states that the AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service. This period is 3 years, except in those cases when the period for the first award ends with the termination of a period of Federal military service, in which case a period of more than 1 year is a qualifying period. An award made for any authorized period of less than 3 years must be for the total period of obligated active Federal military service.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request to be awarded the AGCM was carefully considered and is not supported by the evidence in this case.
2. There is no documentary evidence showing he was recommended for award of the AGCM, that such a recommendation for the AGCM was approved by the proper authority, or that the AGCM was awarded. His record shows he received nonjudicial punishment on two occasions and was counseled on numerous other occasions for infractions including failure to repair, reporting late for duty, failure to properly maintain records, dereliction of duty, and being absent from his place of duty. He was given a general discharge for alcohol abuse - rehabilitation failure prior to the expiration of his service obligation. Given there is no evidence he distinguished himself by his conduct he is not entitled to award of the AGCM.
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 that 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) AR20130003504
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20130003504
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2012 | 20120011477
As a new issue, in effect, he requests a second award of the Army Good Conduct Medal (AGCM) and its addition to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). The applicant's military record shows he enlisted in the Regular Army (RA) on 28 June 1978. The evidence of record shows he was awarded to the AGCM for his period of service from 28 June 1978 through 27 June 1981.
ARMY | BCMR | CY2014 | 20140005881
On 23 June 1986, his bar to reenlistment was approved. Therefore, he is not entitled to the requested relief; c. NDSM, he did not serve during an authorized period for this award. Therefore, he is not entitled to the requested relief; and d. AFRM, he did not complete 10 qualifying years of Reserve Component service or serve on active duty in support of specific U.S. military operations or contingencies on or after 1 August 1990 for this award.
ARMY | BCMR | CY2008 | 20080018155
On 2 April 1986, the applicant was counseled for failing to repair and missing the unit's first formation of the day at 0600 hours and for failing to report for duty after training. On 18 June 1986, the applicant was counseled by his unit commander that he was considering discharging him from the service under the provisions of Army Regulation 635-200, chapter 14. The evidence of record shows that the applicant served successfully for a time during his service.
ARMY | BCMR | CY2011 | 20110010880
The applicant requests an upgrade of his general discharge to an honorable discharge. The commander advised the applicant of his right to: * be represented by counsel * submit statements in his own behalf * review documents to be presented to the separation authority * waive any of these rights * withdraw any waiver of rights at any time prior to the date the discharge authority directs or approves his discharge 13. The appropriate authority: * waived a rehabilitative transfer * approved...
ARMY | BCMR | CY2011 | 20110018044
The applicant requests correction to his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the following awards: * Army Commendation Medal * National Defense Service Ribbon * Army Good Conduct Medal * Army Achievement Medal * Overseas Service Ribbon 2. With respect to the Overseas Service Ribbon, his records show he completed 11 months and 18 days of foreign service in Germany. As a result, the Board recommends that all Department of the Army records of the...
ARMY | BCMR | CY2009 | 20090001893
There are no orders in his service personnel records that show he was awarded the BSM, ARCOM (2nd Award), AAM (2nd Award), AGCM, or the Honduran Military Airborne Badge. Neither the applicant's DD Form 214 nor his DA Form 2-1 show the second award of the ARCOM or the AAM and the applicant's records do not contain any orders for these awards. In the absence of such evidence, there is an insufficient basis to correct his DD Form 214 to show his service in Honduras or to award him the...
ARMY | BCMR | CY2013 | 20130019279
The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show: * his deployment to Grenada from 27 October to 19 November 1983 * his award of the Air Medal * his three awards of the Army Achievement Medal (AAM) * his award of the Army Good Conduct Medal (AGCM) 2. The applicant requests, in effect, correction of his DD Form 214 to show: * his deployment to Grenada from 27 October to 19 November 1983 * his award of the Air...
ARMY | BCMR | CY2011 | 20110024039
Army Regulation 600-8-22 states the AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service. Lacking any derogatory information which would have precluded the applicant from being awarded the AGCM it would be appropriate to award him the AGCM (1st Award) for the period 16 April 1968 through 16 November 1969, and to correct his DD Form 214 to show this award. As a result, the Board...
ARMY | BCMR | CY2013 | 20130007949
The applicant requests that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show his service in Korea and his award of the Korea Defense Service Medal (KDSM). Army Regulation 600-8-22 also states the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service. As a result, the Board recommends that all Department of the Army records...
ARMY | BCMR | CY2014 | 20140001829
The applicant requests that he be awarded the Army Good Conduct Medal (AGCM). The applicant states he was never awarded the AGCM for his honorable service. 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 27 December 1983 to 15 December 1986 and adding it to his DD Form 214.