IN THE CASE OF:
BOARD DATE: 19 February 2015
DOCKET NUMBER: AR20140011655
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, in effect, correction of her DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 27 February 1979, to show award of the Army Good Conduct Medal (AGCM).
2. The applicant states:
* she was attached to the Air Force until her discharge
* her paperwork never arrived nor was it received by her
* this lapse in her records was not new because the Army assumed the Air Force was taking care of her and the Air Force assumed the Army was
* she had to remind her Army point of contact when she was due for promotion
* she was out of sight, out of mind
* in passing, she was told by an Air Force colonel she would receive a commendation for managing the womens dorms and her other duties
3. The applicant provides her DD Form 214 (Certificate of Release or Discharge from Active Duty).
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 27 February 1976 and served until she was discharged on 26 February 1979 after serving honorably on active duty for a total of 3 years. Her DD Form 214 shows she was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).
3. There are no orders in the applicant's records that show she was awarded the AGCM.
4. A review of the applicant's service record shows no derogatory information in the form of lost time, nonjudicial punishment, or suspension of favorable personnel actions that would disqualify her for the first award of the AGCM. There are no entries in her DA Form 2-1 (Personnel Qualification Record - Part II) to indicate her commanders denied her award of the Army Good Conduct Medal.
5. Army Regulation 672-5-1 (Awards), in effect at the time, provided that the AGCM was awarded to individuals who completed a qualifying period of active enlisted service. This period was 3 years except in those cases when the first award ended with the termination of a period of Federal military service. There must have been no convictions by a court-martial. Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that her DD Form 214 should be corrected to show award of the AGCM (1st award) was carefully considered and determined to have merit.
2. Her record is void of any disqualifying or derogatory information which would preclude award of the AGCM (1st Award). Therefore, it would be appropriate to award her the AGCM (1st Award) for her qualifying period of honorable active service from 27 February 1976 to 26 February 1979 and to add this award to her DD Form 214 for the period ending 26 February 1979.
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 her the Army Good Conduct Medal (1st Award) for the period
27 February 1976 to 26 February 1979; and
b. adding the Army Good Conduct Medal (1st Award) to her 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) AR20140011655
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ABCMR Record of Proceedings (cont) AR20140011655
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