IN THE CASE OF:
BOARD DATE:
DOCKET NUMBER: AR20140012701
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 that he be awarded the Army Good Conduct Medal (AGCM) and that it be added to his DD Form 214 (Report of Separation from the Armed Forces of the United States).
2. The applicant states that he was medically discharged prior to being awarded the AGCM and believes that he should be awarded the AGCM.
3. The applicant provides a copy of his DD Form 214.
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 6 July 1953 for a period of 3 years. He completed his training as a cook at Fort Knox, Kentucky and was transferred to Germany on 7 December 1953. He was advanced to the pay grade of E-3 on 23 April 1954.
3. On 31 December 1955, he was honorably retired by reason of physical disability (Temporary) and was placed on the Temporary Disability Retired List. He had served 2 years, 5 months and 26 days of active service and his conduct and efficiency ratings were "excellent" except for one "superior" rating for efficiency for the period ending May 1954. His records contain no derogatory information that would serve to disqualify him for award of the AGCM.
4. Army Regulation 600-65 (Service Medals), 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. A Soldier's conduct and efficiency ratings, including those pertinent to attendance at service schools, must have all been recorded as "excellent" or higher, except that ratings of "Unknown" for portions of the period under consideration, and service school efficiency (emphasis in the original) ratings of less than "excellent" entered prior to 3 March 1946, would not be disqualifying. There must have been no convictions by 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 applicant met the criteria for award of the AGCM and it appears that the failure to award him the AGCM was simply an administrative oversight.
2. Accordingly, he should be awarded the AGCM (1st Award) for the period 6 July 1953 to 31 December 1955 and addition of it 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 6 July 1953 to 31 December 1955 and adding it 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.
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