IN THE CASE OF:
BOARD DATE: 12 June 2014
DOCKET NUMBER: AR20130018261
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 he was not awarded the AGCM when he was separated from active duty on 18 May 1961. He believes he was overlooked for this award.
3. The applicant provides a copy of his DD Form 214.
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. On 18 June 1958, the applicant enlisted in the Regular Army. He completed his initial entry training and he was awarded military occupational specialty 951.10 (Military Police).
3. On 18 May 1961, he was honorably released from active duty and transferred to the U.S. Army Reserve. His DD Form 214 shows he completed 2 years, 11 months, and 1 day of net service during this period of enlistment. The highest rank/pay grade he attained during his period of service was specialist four/E-4.
4. Section 4 (Chronological Record of Military Service) of his DA Form 24 (Service Record) shows he received a "good" conduct and efficiency rating during the period 9 September 1960 through 18 May 1961.
5. His record is void of documentation showing the applicant was awarded the AGCM.
6. Army Regulation 672-5-1 (Military Awards), in effect at the time, stated the AGCM was awarded to individuals who completed a qualifying period of active duty enlisted service. This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service. The enlisted person must have had all "excellent" conduct and efficiency ratings and 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 applicant's request for award of the AGCM was carefully considered; however, it was not supported by the evidence in this case.
2. The evidence of record shows he did not receive all "excellent" conduct and efficiency ratings during his period of active military service as required by the governing Army regulation. In view of the foregoing, 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 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) AR20090018975
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ABCMR Record of Proceedings (cont) AR20130018261
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