IN THE CASE OF:	  

		BOARD DATE:	  3 June 2014

		DOCKET NUMBER:  AR20130016666 


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 felt he was issued the AGCM prior to leaving the military.

3.  The applicant provides 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 29 March 1965.

3.  His records contain a DA Form 20 (Enlisted Qualification Record).

	a.  Item 38 (Record of Assignments) shows he received all "excellent" conduct and efficiency ratings throughout his service.

	b.  Item 41 (Awards and Decorations) does not show award of the AGCM.

4.  On 28 March 1968, he was released from active duty and transferred to the U.S. Army Reserve after completing 3 years of active service.  His DD Form 214 shows he was awarded or authorized the National Defense Service Medal and Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

5.  A review of his personnel service records failed to show evidence and he did not provide any evidence showing he was awarded or recommended for award of the AGCM.  His records are also void of any evidence of disciplinary actions or a commander's denial for award of the AGCM.

6.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the AGCM 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:
The available evidence shows he received all "excellent" conduct and efficiency ratings throughout his service.  There is no evidence of any disciplinary actions or a commander's statement that would have disqualified him from being awarded the first award of the AGCM.  Therefore, it would be appropriate at this time to award him the first award of the AGCM and to correct his DD Form 214 to show this award.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x____  ___x____  ___x____  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 29 March 1965 to 28 March 1968 and

	b.  adding the AGCM (1st Award) 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.

ABCMR Record of Proceedings (cont)                                         AR20130016666



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ABCMR Record of Proceedings (cont)                                         AR20130016666



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