IN THE CASE OF:
BOARD DATE: 19 February 2015
DOCKET NUMBER: AR20140010761
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 that he was never issued the AGCM and he believes he deserves the award.
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 enlisted in the Regular Army on 28 February 1970 for a period of 3 years and training as a stock control and accounting specialist. He completed his basic training at Fort Campbell, Kentucky and his advanced individual training at Fort Lee, Virginia before being transferred to Germany on 28 August 1970 for assignment to an artillery battery.
3. On 10 October 1972, nonjudicial punishment (NJP) was imposed against him for failure to go to his appointed place of duty.
4. On 19 October 1972, NJP was imposed against him for willfully disobeying a lawful order from a superior noncommissioned officer.
5. The applicant received Excellent conduct and efficiency ratings until he departed Germany on 17 February 1973 when he received Good conduct and efficiency ratings.
6. He was transferred to Fort Dix, New Jersey where he was honorably released from active duty (REFRAD) in the pay grade of E-2 on 20 February 1973 as an overseas returnee. He had served 2 years, 11 months and 23 days of active service. His DD Form 214 issued at the time of his REFRAD shows he was awarded the National Defense Service Medal and his marksmanship badges.
5. Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal 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 (emphasis added). Ratings of Unknown for portions of the period under consideration were not disqualifying. 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. The applicants contention that he should have been awarded the AGCM has been noted and appears to lack merit.
2. The criteria for award of the AGCM (1st Award) is that the member must have excellent conduct and efficiency ratings for the entire period of the award. In the applicants case, he received Good conduct and efficiency ratings prior to his departure from Germany which serves to disqualify him for award of the AGCM.
3. Accordingly, the applicant does not meet the regulatory criteria for award of the AGCM and there appears to be no basis to award him that award at this time.
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 that 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) AR20140010761
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ABCMR Record of Proceedings (cont) AR20140010761
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