BOARD DATE: 16 August 2012 DOCKET NUMBER: AR20120002712 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, award of the Army Good Conduct Medal (AGCM) and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show this award. 2. The applicant states he was recommended for the AGCM shortly before he was discharged but was never given the award, nor was it placed on his DD Form 214. He would like to have his good and honorable service reflected on his discharge document. 3. The applicant provides his DD Form 214 and a DA Form 137 (Installation Clearance Record). 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 27 May 1968. He completed initial entry training and was awarded military occupational specialties 91A (Medical Corpsman) and 91B (Medical Specialist). 3. On 26 May 1970, he was honorably released from active duty and transferred to the U.S. Army Reserve. The DD Form 214 he was issued shows he was credited with the completion of 2 years of total active service. His DD Form 214 does not show he was previously awarded the AGCM. The highest rank/grade he attained during his period of service was specialist five/E-5. 4. There is no indication in his available record that shows he was awarded the Army Good Conduct Medal. Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings throughout his service. There is no evidence of a commander's disqualification for the award. Additionally, there is no evidence of any convictions by courts-martial or nonjudicial punishment under Article 15, Uniform Code of Military Justice (UCMJ). 5. Army Regulation 672-5-2 (Awards), in effect at the time, states the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service. This period was 3 years, except in those cases when the period for the first award ended 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. DISCUSSION AND CONCLUSIONS: His record shows he served honorably from 27 May 1968 to 26 May 1970, received no court-martial actions, and consistently received "excellent" conduct and efficiency ratings. Therefore, he is entitled to be awarded the AGCM and to have it added 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 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 awarding him the AGCM (1st Award), for the period 27 May 1968 to 26 May 1970, and by amending his DD Form 214 to add the AGCM (1st 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) AR20090018975 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20120002712 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1