BOARD DATE: 20 March 2014
DOCKET NUMBER: AR20130012964
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 that he be awarded the Army Good Conduct Medal (AGCM) and an Honorable Discharge Certificate.
2. The applicant states that he served 3 years of active duty without incident and was not awarded the AGCM. Additionally, he was transferred to the United States Army Reserve (USAR) and never received an Honorable Discharge Certificate.
3. The applicant provides no additional documents with his application.
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 USAR on 11 August 1972 for a period of 6 years under the delayed entry program. He enlisted in the Regular Army on 11 September 1972 for a period of 3 years and training under the U.S. Army Security Agency enlistment option.
3. He completed his basic training at Fort Jackson, South Carolina and his advanced individual training as a Morse code interceptor at the Naval Communications Training Center in Pensacola, Florida and Fort Devens, Massachusetts before being transferred to Thailand on 19 August 1973.
4. He departed Thailand on 14 August 1974 and was transferred to Fort Hood, Texas where he remained until he was honorably released from active duty (REFRAD) in the pay grade of E-5 and was transferred to the USAR Control Group (Reinforcement). He had served 3 years of active service and his DD Form 214 issued at the time of his REFRAD shows he was awarded the National Defense Service Medal.
5. On 30 August 1978, the applicant was honorably discharged from the USAR Control Group (Standby Reserve).
6. A review of his records shows that he had excellent conduct and efficiency ratings throughout his service and his record is void of any derogatory information that would serve to disqualify him from 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:
1. A review of the applicant's records shows he had "excellent" conduct and efficiency ratings throughout his period of service and his records contain no derogatory information that would serve to disqualify him for the AGCM (1st Award). Therefore, it appears that the failure to award him this medal was the result of an administrative error. Accordingly, he should be awarded the AGCM (1st Award) for the period 11 September 1972 to 10 September 1975 and his DD Form 214 should be corrected to show this award.
2. Additionally, the applicant was honorably discharged from the USAR on 30 August 1978 and should be issued an Honorable Discharge Certificate to reflect that event.
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:
* awarding him the AGCM (1st Award) for the period 11 September 1972 to 10 September 1975 and adding it to his DD Form 214
* Issuing him an Honorable Discharge Certificate showing he was discharged from the USAR on 30 August 1978
_______ _ 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) AR20130012964
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