IN THE CASE OF:
BOARD DATE: 29 July 2014
DOCKET NUMBER: AR20130020606
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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Army Good Conduct Medal (AGCM).
2. The applicant states he recently noticed that he was not awarded the AGCM for his service. He states he was never reprimanded for anything while in the service.
3. The applicant provides:
* Standard Form 180 (Request Pertaining to Military Records)
* DD Form 214
* DD Form 215 (Correction to DD Form 214)
* DD Form 256A (Honorable Discharge)
* National Guard Bureau (NGB) Form 438 (Honorable Discharge)
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 20 March 1968, the applicant enlisted in the Regular Army for a period of 3 years. He was honorably released from active duty on 19 March 1971 after completing 3 years of creditable active service.
3. His DA Form 20 (Enlisted Qualification Record) shows in item 38 (Record of Assignments) that he received all "excellent" conduct and efficiency ratings throughout his active duty service.
4. His DD Form 214 as amended by a DD Form 215 shows his awards included the Army Commendation Medal (ARCOM). It does not show the AGCM.
5. His records are void of any orders or other documents that indicate he was awarded the AGCM by proper authority. There are no adverse actions recorded in the applicant's available records or any record of a disqualification by his chain of command that would have precluded him from being recommended for or awarded the AGCM.
6. 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; 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:
He completed a period of qualifying active Federal military service. Records show he received all "excellent" conduct and efficiency ratings throughout his service. There is no record of any disciplinary actions or a commander's disqualification that would have precluded the applicant from being recommended for or awarded the AGCM. The fact he was awarded an ARCOM depicts his actions and service as honorable. Therefore, it would be appropriate at this time to award him the AGCM (1st Award) for the period 20 March 1968 through 19 March 1971 and to add this award to his DD Form 214.
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 20 March 1968 through 19 March 1971 and adding this 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) AR20130020606
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