IN THE CASE OF:
BOARD DATE: 2 October 2014
DOCKET NUMBER: AR20140003910
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 record to show he was awarded the Army Good Conduct Medal (AGCM).
2. The applicant states he was issued the AGCM but no order was published. He was discharged from the hospital on 6 July 1967, but it was not clear that he would return to the United States. He was told an order would be issued and filed in his record at a later time.
3. The applicant provides excerpts of his military service records.
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 6 August 1965, the applicant was inducted into the Army of the United States. After completing initial entry training, he was awarded military occupational specialty 63B (Wheeled Vehicle Mechanic). He served in Germany from 20 December 1965 through 19 July 1967, and he was promoted to specialist four (SP4)/E-4 effective 29 September 1966.
3. His DA Form 20 (Enlisted Qualification Record) shows in:
* item 38 (Record of Assignments) where recorded, he received "excellent" conduct and efficiency ratings
* item 41 (Awards and Decorations) no entry indicating he was awarded the AGCM
4. On 14 February 1968, he was retired and placed on the Temporary Disability Retired List (TDRL) after completing 2 years, 6 months, and 9 days of total active service. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not show he was awarded the AGCM.
5. Effective 30 April 1972, he was removed from the TDRL and discharged with severance pay.
6. His record does not contain orders awarding him the AGCM, nor does his record contain any evidence indicating he was the subject of disciplinary action during his military service.
7. Army Regulation 672-5-1 (Awards), in effect at the time, stated, in part, that 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. Ratings of Unknown for portions of the period under consideration were not disqualifying. There must have been no convictions by a court-martial.
DISCUSSION AND CONCLUSIONS:
He received "excellent" conduct and efficiency ratings throughout his service. He was promoted to SP4/E-4 and there is no record of any disciplinary action taken against him. Based on his overall record of service it appears an administrative error occurred resulting in failure to award him the AGCM prior to his retirement. Therefore, it would be appropriate at this time to award him the AGCM (1st Award), for the period 6 August 1965 through 14 February 1968, and to correct his DD Form 214 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:
a. awarding him the AGCM (1st Award) for the period 6 August 1965 through 14 February 1968; and
b. amending his DD Form 214 to add the AGCM (1st Award).
_______ _ __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) AR20140003910
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