IN THE CASE OF:
BOARD DATE: 9 December 2014
DOCKET NUMBER: AR20140007721
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).
2. The applicant states he was denied the AGCM for destroying his bunk bed mattress, which he did not destroy.
3. The applicant provides no additional documentary evidence.
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 26 February 1964, the applicant enlisted in the Regular Army. He completed training and was awarded military occupational specialty 91B (Medical Specialist). He attained the rank of sergeant/pay grade E-5.
3. His DA Form 20 (Enlisted Qualification Record) shows in item 38 (Record of Assignments) that he received all "excellent" conduct and efficiency ratings.
4. On 8 February 1967, he was honorably released early from active duty as an overseas returnee. He completed 2 years, 11 months, and 13 days of creditable active service. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he was awarded or authorized the:
* National Defense Service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Expert Marksmanship Qualification Badge with Carbine Bar
* Marksman Marksmanship Qualification Badge with Pistol Bar
5. His records are void of any orders or other documents that indicate he was awarded the AGCM by proper authority. He received all "excellent" conduct and efficiency ratings throughout his service. 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 (Military Awards), in effect at the time, required that the enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial throughout a qualifying period of service for award of the AGCM. This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service of less than 3 years but more than 1 year.
DISCUSSION AND CONCLUSIONS:
He completed a period of qualifying service ending with the termination of a period of active Federal military service. Records show he received all "excellent" conduct and efficiency ratings throughout his service. He also attained the rank of sergeant. Notwithstanding the applicant's comment that he was denied the AGCM, there is no record of any disciplinary actions or a commander's disqualification that would have precluded him from being recommended for or awarded the first award of the AGCM. Therefore, it would be appropriate at this time to award him the AGCM (1st Award) for the period 26 February 1964 through 8 February 1967 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 26 February 1964 through 8 February 1967 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) AR20140007721
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ABCMR Record of Proceedings (cont) AR20140007721
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