IN THE CASE OF: BOARD DATE: 7 November 2013 DOCKET NUMBER: AR20130003504 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 records to show he was awarded the Army Good Conduct Medal (AGCM). 2. The applicant states he received the AGCM in 1984 and would like it replaced before he dies. 3. The applicant provides no additional documentary evidence. 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. On 10 November 1981, the applicant enlisted in the Regular Army. He was awarded military occupational specialty 75B (Personnel Administration Specialist). The highest rank he held was private first class/E-3. 3. His record contains numerous DA Forms 4856 (General Counseling Form) showing he was counseled repeatedly for infractions including failure to repair, reporting late for duty, failure to properly maintain records, dereliction of duty, and being absent from his place of duty. 4. He accepted nonjudicial punishment in August 1982 for unlawfully pushing another Soldier in the chest with his hand. On 14 September 1983, he accepted nonjudicial punishment for absenting himself from his place of duty and failure to obey a lawful general regulation. 5. His records are void of any orders or other documents that indicate he was ever recommended for or awarded the AGCM by proper authority. 6. On 3 November 1983, he was discharged under the provisions of Army Regulation 635-200, chapter 9, for alcohol abuse - rehabilitation failure with an under honorable conditions (general) characterization of service after completing 1 year, 11 months, and 24 days of creditable active service with no lost time. His DD Form 214 (Certificate of Release or Discharge from Active Duty) does not show the AGCM. 7. Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards. Chapter 4 prescribes the policy for award of the AGCM. It states that the AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying 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, in which case a period of more than 1 year is a qualifying period. An award made for any authorized period of less than 3 years must be for the total period of obligated active Federal military service. DISCUSSION AND CONCLUSIONS: 1. The applicant's request to be awarded the AGCM was carefully considered and is not supported by the evidence in this case. 2. There is no documentary evidence showing he was recommended for award of the AGCM, that such a recommendation for the AGCM was approved by the proper authority, or that the AGCM was awarded. His record shows he received nonjudicial punishment on two occasions and was counseled on numerous other occasions for infractions including failure to repair, reporting late for duty, failure to properly maintain records, dereliction of duty, and being absent from his place of duty. He was given a general discharge for alcohol abuse - rehabilitation failure prior to the expiration of his service obligation. Given there is no evidence he distinguished himself by his conduct he is not entitled to award of the AGCM. 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) AR20130003504 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20130003504 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1