ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 4 March 2021 DOCKET NUMBER: AR20200001586 APPLICANT REQUESTS: to be awarded the Army Good Conduct Medal APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Promotion orders * DA Form 20 (Enlisted Qualification Record) * Enlisted Efficiency Report * Letter of Appreciation * DD Form 214 (Report of Separation from Active Duty) FACTS: 1. The applicant did not file within the three-year time frame provided in Title 10, United States Code, section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states he requests to be awarded the Good Conduct Medal for his service from 6/30/1971 through to 6/24/1974. He had no disciplinary infractions. He was recommended for promotion ahead of his peers on his June 6, 1974 performance evaluation. 3. Review of the applicant's service records shows: a. He enlisted in the Regular Army on 30 June 1971 and held military occupational specialty 11B (Light Weapons Infantryman). b. He served in Germany from January 1972 to June 1974. He was advanced to E-4 in October 1971. c. He received a letter of commendation in October 1072 for his outstanding performance in Company A, 1st Battalion, 33rd Armor. He also received an Enlisted Efficiency Report recommending his promotion ahead of peers. d. Item 29 (Qualification in Arms) of his DA Form 20 (Enlisted Qualification Record) shows he qualified marksman with the M-16 rifle and item 38 (Record of Assignments) shows he received excellent conduct and efficiency ratings throughout his enlistment. e. His service record does not contain orders awarding him the 1st award of the Army Good Conduct Medal. His record also does not contain any derogatory information that would have disqualified him from receiving this award. f. He was honorably released from active duty on 24 June 1974. He completed 2 years, 11 months, and 25 days of active service. He was awarded or authorized the National Defense Service Medal. 4. By regulation (AR 672-5-1), the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed and, 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. However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found that relief was warranted. The Board carefully considered the applicants request, supporting documents and evidence in the records. The Board considered the applicant’s statement, his military service record, documents provided by the applicant and regulatory guidance. Evidence in the record supports awarding of the Army Good Conduct Medal to the applicant based upon him receiving excellent conduct and efficiency ratings on his DA Form 20. The Board determined the applicant's service record did not reflect he was awarded the AGCM. Therefore, relief was granted to correct the applicant’s record and award him the Army Good Conduct Medal. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 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 Army records of the individual concerned be corrected by amending his DD Form 214 by awarding him the Army Good Conduct Medal. 3/11/2021 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. REFERENCES: 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 ABCMR to excuse an applicant's failure to timely file within the 3-year statute of limitations if the Army Board for Correction of Military Records (ABCMR) determines it would be in the interest of justice to do so. 2. Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, 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. Ratings of “Unknown” for portions of the period under consideration were not disqualifying. Service school efficiency ratings based upon academic proficiency of at least “Good” rendered subsequent to 22 November 1955 were not disqualifying. There must have been no convictions by a court-martial. However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders. //NOTHING FOLLOWS//