BOARD DATE: 22 April 2014
DOCKET NUMBER: AR20130013989
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 reconsideration of an earlier request for award of the Army Good Conduct Medal (AGCM).
2. The applicant states:
a. he disagrees with the Board's findings regarding his eligibility for the AGCM.
b. based on the evidence he originally presented, his efficiency rating was dropped from excellent to good due to a new commanding officer being assigned to his unit. Additionally, his good efficiency assessment was grouped in with his temporary assignment to the U.S. Army Signal Group "Ryls" Army Post Office 331.
c. it is his understanding that when a new commanding officer or rater is assigned to a unit, the new commanding officer establishes their own baseline for performance evaluations for their unit. The new commanding officer rated him as excellent as noted on his performance evaluations.
d. a Soldier is required to have 3 years of good service. His performance evaluations show that he did earn this medal.
3. The applicant provides a letter, dated 23 July 2013, from a Member of Congress.
CONSIDERATION OF EVIDENCE:
1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20120019481, on 25 June 2013.
2. The applicant's contentions are new evidence that will be considered by the Board.
3. The applicant enlisted in the Regular Army on 16 December 1958 for a period of 3 years. He completed his training and was awarded military occupational specialty (MOS) 765.10 (signal supply and parts specialist). On 16 December 1960, he was honorably discharged for immediate reenlistment. He reenlisted on 17 December 1960 for a period of 3 years. He was awarded MOS 111.60 (light weapons infantryman) in August 1962.
4. Section 4 (Chronological Record of Military Service) of his DA Form 24 (Service Record) shows he received a "Good" efficiency rating for the period
1 August 1959 to 29 December 1959.
5. On 18 September 1963, he was honorably released from active duty.
6. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 18 September 1963 does not show the AGCM as an authorized award.
7. There are no orders for the AGCM in the available records.
8. 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 the 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. The applicant's contentions were carefully considered. However, the governing regulation states the enlisted person must have had all "excellent" conduct and efficiency ratings for award of the AGCM.
2. His military record shows he had a "Good" efficiency rating during the period
1 August 1959 to 29 December 1959 which a disqualifying factor for award of the AGCM. Conduct and efficiency ratings are determined at the discretion of the commander, and it is a new commanders right to establish any baseline for performance evaluations he deems appropriate. Regrettably, there is insufficient evidence on which to base 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 to amend the decision of the ABCMR set forth in Docket Number AR20120019481, dated 25 June 2013.
__________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.
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