IN THE CASE OF:
BOARD DATE: 14 July 2015
DOCKET NUMBER: AR20140019290
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 did not receive the AGCM upon separation from the Army.
3. The applicant provides no additional documentation.
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 (RA) on 27 March 1970 and he served as a military policeman.
3. His DA Form 20 (Enlisted Qualification Record) shows in:
a. Item 38 (Record of Assignments) he received "excellent" conduct and efficiency ratings for all periods of service except during periods identified as casual duty wherein he received no ratings.
b. Item 41 (Awards and Decorations) no entry for the AGCM.
4. He was honorably released from active duty on 27 February 1973 in the rank of sergeant (SGT)/E-5. He completed 2 years, 11 months, and 1 day of total active service. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for this period of service shows he was awarded or authorized the National Defense Service Medal and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).
5. He enlisted again in the RA on 11 October 1973. He served in Alaska from 11 October 1973 to 13 October 1976.
6. He was honorably discharged on 13 October 1976 after completing 3 years of total active service during this period. His DD Form 214 (Report of Separation from Active Duty) for this period of service shows he was awarded or authorized the National Defense Service Medal.
7. There is no evidence in the available records showing he was awarded the AGCM nor is there a commander's AGCM disqualification statement in his record.
8. Army Regulation 600-8-22 (Military Awards) states AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active 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. Although there is no automatic entitlement to the AGCM, disqualification must be justified.
DISCUSSION AND CONCLUSIONS:
His record is void of orders awarding him the AGCM. A review of his military service record shows he was promoted through the ranks to SGT. There is no evidence of any disciplinary action or a commander's disqualification statement for award of the AGCM during his active duty enlisted service. He served two qualifying periods for award of the AGCM. Therefore, it would be appropriate to award him the AGCM (1st Award) for the period 27 March 1970 through 27 February 1973 and a second award for the period 11 October 1973 through 10 October 1976.
BOARD VOTE:
____X___ ____X___ ____X___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 him the AGCM (1st Award) for the period 27 March 1970 through 27 February 1973;
b. awarding him the AGCM (2nd Award) for the period 11 October 1973 through 10 October 1976; and
c. adding to his DD Form 214 the AGCM (2nd Award).
_______ _ 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) AR20140019290
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ABCMR Record of Proceedings (cont) AR20140019290
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