BOARD DATE: 6 March 2015
DOCKET NUMBER: AR20140012686
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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Army Good Conduct Medal (AGCM).
2. The applicant states that his record speaks for itself.
3. The applicant provides:
* Letter of Appreciation
* Orders
* Department of Veterans Affairs Letter
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. Evidence of record and background information:
a. On 15 December 1961, the applicant was inducted into the Army of the United States. He completed his initial training at Fort Knox, Kentucky, and was awarded a military occupational specialty (MOS) of 140.00 (Artillery Basic).
b. On 10 March 1962, the applicant was assigned for duty with the 73rd Artillery Regiment at Fort Hood.
c. The applicants DA Form 24 (Service Record) shows in Section 2 (Chronological Record of Military Service) that his conduct and efficiency at Fort Knox were both rated as good.
d. On 23 March 1964 he was released from active duty (REFRAD) and transferred to the U.S. Army Reserve Control Group (Annual Training). He had attained the rank of private first class, pay grade E-3, and had completed 2 years, 3 months, and 9 days of creditable total active service. The applicant's DD Form 214 shows he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.
3. The letter of appreciation provided by the applicant states that the commander extended his thanks and appreciation for the applicants cooperation and performance of duty during the period 1 to 15 June 1963.
4. Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to enlisted Soldiers who had completed a qualified period of active duty enlisted service. This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service. The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial. Ratings of "unknown" for portions of the period under consideration are not disqualifying. Service school efficiency ratings based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 are not disqualifying.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the AGCM.
2. The evidence clearly shows that the applicant did not attain the required excellent conduct rating while serving at Fort Knox. Furthermore, there is no evidence showing that the commander at the time of his REFRAD recommended him for award of the AGCM.
3. In view of the above, the applicants request should be denied.
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) AR20140000079
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140012686
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