IN THE CASE OF:
BOARD DATE: 18 March 2014
DOCKET NUMBER: AR20130012475
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 it was an administrative oversight.
3. The applicant provides a copy of his DD Form 214 (Report of Separation from the Armed Forces of the United States).
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 applicants records were damaged in the National Personnel Records Center fire in 1973 but for the most part are available. That part of his records that would show his conduct and efficiency ratings is not available.
3. Having prior inactive service in the Army National Guard, the applicant enlisted in the Regular Army on 10 April 1952 for a period of 3 years. He served as an operating room technician in Korea and he was honorably discharged in the temporary rank of private first class (PFC) after completing 2 years,
11 months, and 14 days of creditable active service.
4. His DD Form 214 does not show the AGCM as an authorized award.
5. There are no orders for the AGCM in the available records.
6. His Service Record does not show any lost time or record of trial by court-martial that would have precluded him from being awarded the AGCM.
7. Army Regulation 600-65 (Service Medals), in effect at the time, 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. A Soldier's conduct and efficiency ratings, including those pertinent to attendance at service schools, must have all been recorded as excellent or higher. There must have been no convictions by 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:
The applicant was honorably released from active duty in the temporary rank of PFC with 2 years, 11 months, and 14 days of total active service and no lost time. Although that part of his records that would have shown his conduct and efficiency ratings is not available, he had no record of any disciplinary action or a commander's disqualification. It appears he met the eligibility criteria for the first award of the AGCM for the period 10 April 1952 through 23 March 1955 based on completion of a period of qualifying service ending with the termination of a period of Federal military service. Therefore, he should be awarded the AGCM (1st Award) and his DD Form 214 should be corrected 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 first award of the AGCM for the period 10 April 1952 through 23 March 1955 and
b. adding the AGCM (1st Award) to his DD Form 214.
_______ _ 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) AR20130012475
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ABCMR Record of Proceedings (cont) AR20130012475
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