BOARD DATE: 17 October 2013
DOCKET NUMBER: AR20130003570
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:
* His conduct and efficiency ratings were excellent through his military service
* While he was on active duty he did not receive any company punishments and/or Article 15s
* His service record has no negative entries and he believes that failure to recommend him for the AGCM was an oversight
3. The applicant provides:
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 7 February 1969
* Letter Orders Number 02-1089677, issued by the U.S. Army Reserve (USAR) Components Personnel and Administration Center, St. Louis, MO, dated 23 February 1972
* page 1 of DD Form 4 (Enlistment Record Armed Forces of the United States)
* DA Form 20 (Enlisted Qualification Record)
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 7 March 1966 for a period of
3 years in pay grade E-1. He completed training as a communications center specialist. He was promoted through the ranks to the rank/grade of sergeant (SGT)/E-5.
3. The applicant's DA Form 20 shows he received all "excellent" conduct and efficiency ratings throughout his service.
4. On 7 February 1969, he was honorably released from active duty as an overseas returnee and he was transferred to the USAR Control Group (Reinforcement) to complete his remaining service obligation.
5. His DD Form 214 shows he was awarded or authorized the:
* National Defense Service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
6. There is no evidence of any disciplinary actions or a commander's disqualification that would have precluded the applicant from being recommended for or 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:
There is no evidence 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 to SGT/E-5 in less than 3 years. It appears an administrative error occurred that resulted in the applicant not being recommended for or awarded the first award of the AGCM. Therefore, it would be appropriate at this time to award him the AGCM (1st Award) 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:
a. awarding him the Army Good Conduct Medal for the period 7 March 1966 through 6 February 1969 and
b. adding to his DD Form 214 the Army Good Conduct Medal (1st Award).
_________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) AR20130003570
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