IN THE CASE OF:
BOARD DATE: 27 August 2014
DOCKET NUMBER: AR20130022232
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) and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show this award.
2. The applicant states:
a. He served in the Army from July 1964 to July 1967 and was shipped to Germany in error. Upon his arrival in Germany, he was informed that he should have remained stateside and that new orders would be published. However, new orders were never published and he was listed as being absent without leave (AWOL) for some time.
b. After finally being promoted to E-4 in late 1966, he was asked to sign an affidavit stating that he was not AWOL, but he was in the service from 1965 to late 1966 (time period for the injustice).
c. He feels he was overlooked for the AGCM.
d. He is very proud of his service and can say beyond any doubt that he served with great honor and integrity.
3. The applicant provides:
* DA Form 1811 (Physical and Mental Status on Release from Active Service)
* 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 31 July 1964 for a period of 3 years.
3. Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows while in advanced individual training he received:
* an "unsatisfactory" efficiency rating for the period 3 October 1964 to 4 December 1964
* a "good" efficiency rating for the period 4 December 1964 to 8 April 1965
4. He completed his training and was awarded military occupational specialty 05B (radio operator). He arrived in Germany in April 1965.
5. In April 1967, nonjudicial punishment was imposed against him for failing to go at the time prescribed to his appointed place of duty and disobeying a lawful order.
6. He departed Germany in July 1967.
7. On 17 July 1967, he was honorably released from active duty.
8. His DD Form 214 does not show the AGCM as an authorized award. Item 26a (Non-Pay Periods Time Lost) shows the entry "NONE."
9. There is no evidence in the available records which shows he was AWOL. Item 44 (Time Lost Under Section 972, Title 10, U.S. Code and Subsequent to Normal Date Expiration Term of Service) of his DA Form 20 is blank.
10. 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 the 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. 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 conviction by a court-martial. However, there was no right or entitlement to the medal until the intermediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.
DISCUSSION AND CONCLUSIONS:
The applicant's military record shows he received an "unsatisfactory" efficiency rating for the period 3 October 1964 to 4 December 1964 and a "good" efficiency rating for the period 4 December 1964 to 8 April 1965 which are disqualifying factors for award of the AGCM. Therefore, he is not entitled to award of the AGCM or correction of his DD Form 214 to show this award.
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) AR20130022232
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ABCMR Record of Proceedings (cont) AR20130022232
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