IN THE CASE OF: BOARD DATE: 17 February 2011 DOCKET NUMBER: AR20100018470 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 award of the Army Good Conduct Medal (AGCM). 2. The applicant states he did not receive the AGCM at discharge. 3. The applicant provides a copy of his DD Form 214 (Report of Separation from Active Duty). 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 served 3 years in the Regular Army from 9 June 1975 through 8 June 1978. His DA Form 2-1 (Personnel Qualification Record – Part II) shows a steady progression through the enlisted ranks from private to specialist four. It also shows he earned the Expert Marksmanship Qualification Badge with Rifle Bar (M-16). It also shows he had no lost time due to absence without leave or confinement. 3. A DA Form 3355-R (Promotion Point Worksheet), dated 25 October 1977, shows in Item 8 (Awards and Decorations), zero points for awards. 4. 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. It further provides: a. Throughout a qualifying period, each enlisted Soldier must meet all of the following criteria for an award: * the immediate commander evaluates the soldier's character as above reproach * the record of service indicates that the soldier has: * willingly complied with the demands of the military environment * been loyal and obedient to their superiors * faithfully supported the goals of their organization and the Army * conducted themselves in such an exemplary manner as to distinguish them * while any record of nonjudicial punishment could be in conflict with recognizing the soldier's service as exemplary, such record should not he viewed as automatically disqualifying. The commander analyzes the record, giving consideration to the nature of the infraction, the circumstances under which it occurred and when. Conviction by court-martial terminates a period of qualifying service; a new period begins following the completion of sentence imposed by court-martial. * in terms of job performance, the soldier's efficiency must be evaluated and must meet all requirements and expectations for that soldier's grade, MOS, and experience. Conviction by courts-martial terminates a period of qualifying service; a new period begins the following day after completion of the sentence imposed by the Court-Martial * individuals whose retention is not warranted under standards prescribed in Army regulations, or for whom a bar to reenlistment has been approved are not eligible for award of the AGCM b. In instances of disqualification as determined by the unit commander, the commander will prepare a statement of the rationale for his or her decision. This statement will include the period of disqualification and will be referred to the individual. The unit commander will consider the affected individual's statement. If the commander's decision remains the same, the commander will forward his or her statement, the individual's statement and his or her consideration for filing in the individuals DA Form 201 (Military Personnel Records Jacket, or MPRJ). The custodian of the MPRJ will forward these documents to Commander, U S. Army Enlisted Records and Evaluation Center, Fort Benjamin Harrison, IN 46249-5301, for permanent filing in the individual's Official Military Personnel File (OMPF). DISCUSSION AND CONCLUSIONS: 1. The applicant requests award of the AGCM. 2. The applicant's service record shows he was a good Soldier with normal rank progression, and no lost time or indisciplines. He served his full term of service and was honorably separated. He should have received the AGCM. 3. The applicant's record should be corrected as indicated below. BOARD VOTE: ____X____ ___X_____ ____X____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented was 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 for exemplary service from 9 June 1975 through 8 June 1978 * adding the AGCM 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) AR20100018470 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20100018470 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1