IN THE CASE OF:
BOARD DATE: 25 June 2014
DOCKET NUMBER: AR20130017571
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 does not provide a statement.
3. The applicant provides:
* Honorable Discharge Certificate
* 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 applicant's complete military record is not available to the Board for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center (NPRC) in 1973. The applicant's records were damaged in that fire. The case is being considered using the DD Form 214 provided by the applicant and the reconstructed record provided by NPRC.
3. The applicant was inducted into the Army of the United States on 29 November 1950.
4. His WD AGO Form 24A (Service Record) shows in:
* Section 21 (Medals, Decorations, and Citations):
* CIBAD (Combat Infantryman Badge)
* DUB (Distinguished Unit Badge - presently known as the Presidential Unit Citation)
* Bronze Star Medal
* Korean Service Medal
* United Nations Service Medal
* two bronze service stars
* Section 24 (Indorsements), he was not favorably considered for the AGCM in his 2nd Indorsement and he was marked as having "excellent" character and a "satisfactory" efficiency rating
* Section 24 shows he was favorably considered for the AGCM with "excellent" character and efficiency ratings in his 8th Indorsement. All other Indorsements show "unknown" character and efficiency ratings
5. On 28 August 1952, he was honorably released from active duty and transferred to the U.S. Army Reserve. He completed 1 year and 9 months of creditable active military service. His DD Form 214 shows in:
* Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), no AGCM
* Item 30 (Remarks), no time lost
6. On 25 September 1961, the Commanding Officer, Office of the Adjutant General, U.S Army Records Center, St. Louis, MO, provided the applicant a letter explaining that since he did not receive an "excellent" efficiency rating for his total period of active Federal military service he was not authorized award of the AGCM.
7. Army Regulation 672-5-1 (Awards), 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. Ratings of unknown for portions of the period under consideration were not disqualifying. Service school efficiency ratings based upon academic proficiency of at least good rendered subsequent to 22 November 1955 were not disqualifying. There must have been no convictions by a 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:
1. The AGCM is awarded on a selective basis to each Soldier who distinguishes himself or herself from among his or her fellow Soldiers by their exemplary conduct, efficiency, and fidelity throughout a specified period of continuous enlisted active Federal military service. There is no right or entitlement to the medal until the immediate commander has approved the award and the award has been announced in permanent orders.
2. The applicant in this case did not have all "excellent" conduct and efficiency ratings throughout his period of military service. He received a "satisfactory" rating and was never recommended for award of the AGCM. Therefore, he did not meet the criteria for the award during his period of service and remains ineligible for the award.
3. In view of the above, there is no basis for granting the applicant's requested relief.
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) AR20130017571
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ABCMR Record of Proceedings (cont) AR20130017571
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