BOARD DATE: 22 September 2015
DOCKET NUMBER: AR20150002392
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:
* he was awarded the AGCM, but it is not listed on his DD Form 214
* it was a clerical error
* he is trying to get this medal
* he was told at discharge that it would be sent to him
3. The applicant provides:
* certificate of training
* 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 was inducted into the Army of the United States on 17 May 1965. He completed his training and was awarded military occupational specialty 11E (armor crewman). On 16 May 1967, he was honorably released from active duty in the temporary rank of specialist four after completing 2 years of creditable active service with no lost time.
3. His DD Form 214 does not show the AGCM as an authorized award.
4. There is no evidence indicating he was awarded the AGCM. There also is no evidence of any disciplinary action or a commander's disqualification that would have precluded him from being awarded the AGCM. Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received all "excellent" conduct and efficiency ratings throughout his service.
5. Army Regulation 672-5-1 (Awards), in effect at the time, stated the AGCM was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; 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. There must have been no convictions by a court-martial.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends he was awarded the AGCM, but it is not listed on his DD Form 214.
2. The evidence shows he was honorably released from active duty in the temporary rank of specialist four with 2 years of active service and no lost time. He received all "excellent" conduct and efficiency ratings throughout his service and he had no record of any disciplinary action or a commander's disqualification. His records indicate he met the eligibility criteria for the first award of the AGCM for the period 17 May 1965 through 16 May 1967 based on completion of a period of qualifying service ending with the termination of a period of Federal military service. It is therefore reasonable to presume he was awarded the AGCM as he contends. As such, his DD Form 214 should be corrected to show this award.
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. adding award of the Army Good Conduct Medal (1st Award) to his DD Form 214 and
b. issuing him the Army Good Conduct Medal.
__________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) AR20150002392
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ABCMR Record of Proceedings (cont) AR20150002392
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