IN THE CASE OF
BOARD DATE: 31 July 2014
DOCKET NUMBER: AR20130021687
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 that he be awarded the Army Good Conduct Medal (AGCM).
2. The applicant states that there is nothing in his records that would cause him to be denied the AGCM.
3. The applicant provides no additional documents with his application.
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 was inducted on 26 August 1966. He completed his basic training at Fort Benning, GA and was transferred to Fort Carson, Colorado.
3. On 23 August 1968, he was honorably released from active duty (REFRAD) due to the expiration of his term of service (ETS). He had served 1 year, 11 months, and 28 days of active service.
4. A review of his DA Form 20 (Enlisted Qualification Record) shows he received all "excellent" conduct and efficiency ratings throughout his service and his record is void of any derogatory information that would serve to disqualify him for the first award of the AGCM.
5. 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 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. 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. After carefully examining the applicants record of service, it appears the applicant should have received the first award of the AGCM for his service from 26 August 1966 through 23 August 1968. This conclusion is based on the fact that the record is void of any derogatory information which would preclude the applicant from being awarded the AGCM (first award) and the lack of any specific action by the applicants unit commander to disqualify him from receiving this award.
2. The evidence suggests that the applicant not receiving the AGCM was likely the result of an administrative error as opposed to it being the result of a conscious disqualification by any of his unit commanders. Therefore, in the interest of justice, this error should be corrected and the applicant should be awarded the AGCM (first award) for the period 26 August 1966 through
23 August 1968 and his DD Form 214 should be corrected to show this award.
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 the applicant the AGCM (first award) for the period 26 August 1966 to 23 August 1968 and adding it 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) AR20130021687
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ABCMR Record of Proceedings (cont) AR20130021687
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