IN THE CASE OF:
BOARD DATE: 14 August 2014
DOCKET NUMBER: AR20130021354
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 (Report of Separation from Active Duty) to show additional unspecified awards.
2. The applicant states:
* awards were left off of his DD Form 214
* awards were issued after the completion of his DD Form 214
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. The applicant enlisted in the Regular Army on 13 December 1972 for a period of 3 years. He completed training and was awarded military occupational specialty 91B (medical specialist). On 12 December 1975, he was honorably released from active duty in the rank of specialist five after completing 3 years of creditable active service with no lost time.
3. His DD Form 214 shows the National Defense Service Medal (NDSM) as an authorized award.
4. Item 9 (Awards, Decorations, and Citations) of his DA Form 2-1 (Personnel Qualification Record Part II) shows the NDSM.
5. There are no orders for the Army Good Conduct Medal (AGCM) in the available records.
6. There also is no evidence of any disciplinary or adverse actions or a commander's disqualification that would have precluded him from being awarded the AGCM.
7. Army Regulation 600-8-22 (Military Awards) states the AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service. This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service. Although there is no automatic entitlement to the AGCM, disqualification must be justified.
8. There is no evidence which shows he was eligible for any other military awards per Army Regulation 600-8-22.
DISCUSSION AND CONCLUSIONS:
1. The applicant was released from active duty in the rank/grade of specialist five after completing 3 years of total active service with no lost time. There is no evidence of any disciplinary actions or a commander's disqualification for award of the AGCM. It appears he met the eligibility criteria for the first award of the AGCM for the period 13 December 1972 through 12 December 1975. Therefore, he should be awarded the first award the AGCM and his DD Form 214 should be corrected to show this award.
2. There is no evidence and the applicant has provided no evidence which shows he was eligible for any other military awards.
BOARD VOTE:
__X____ ___X____ ____X___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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:
a. awarding him the AGCM (1st Award) for the period 13 December 1972 through 12 December 1975 and
b. adding the AGCM (1st 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) AR20130021354
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ABCMR Record of Proceedings (cont) AR20130021354
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