BOARD DATE: 12 September 2017 DOCKET NUMBER: AR20160004797 BOARD VOTE: ___x_____ __x______ __x___ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 12 September 2017 DOCKET NUMBER: AR20160004797 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 Army Good Conduct Medal (1st Award) for the period 21 February 1966 through 20 February 1969 * adding the Army Good Conduct Medal (1st Award) to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 20 February 1969 __________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. BOARD DATE: 12 September 2017 DOCKET NUMBER: AR20160004797 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) 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 did not receive any disciplinary action and he was promoted to sergeant (SGT)/E-5 in 3 years. He deserves the AGCM, based on his good conduct and accomplishments. 3. The applicant provides his DD Form 214 for the period ending 20 February 1969. 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 21 February 1966 in the rank of PV1. 3. The applicant's DA Form 20 (Enlisted Qualification Record) shows he was promoted to the rank/grade of SGT/E-5 on 25 January 1968. His DA Form 20 also shows he received "excellent" conduct and efficiency ratings through most of his active service. He received a conduct rating of "fair" for the period 3 December 1968 to 30 January 1969, while he was in a temporary duty status. 4. The applicant's record contains a DA Form 137 (Installation Clearance Record) that shows he was favorably recommended for the AGCM. This form was signed by his commanding officer on 17 February 1969. 5. The applicant was honorably released from active duty on 20 February 1969 in the rank/grade of SGT/E-5 after completing 3 years of active service. His DD Form 214 does not show he was awarded the AGCM. 6. There are no orders in the applicant's available record that shows he was awarded the AGCM. 7. There is no evidence in the applicant's record of nonjudicial punishment, adverse counseling, or any type of derogatory information that would have precluded him from being awarded the AGCM. REFERENCES: Army Regulation 672-5-1 (Awards), in effect at the time of the applicant's active service, provided the AGCM was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940. a. For the 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. b. The enlisted person must have had all "excellent" conduct and efficiency ratings. 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. DISCUSSION: 1. The applicant's request for award of AGCM, and correction of his DD Form 214 to show this award, was carefully considered. 2. The applicant served honorably during the period 21 February 1966 to 20 February 1969. He received "excellent" conduct and efficiency ratings throughout most of his period of active duty service. Although he received a conduct rating of "fair" during a brief period of service, his record is void of any derogatory information that would have precluded him from being awarded the AGCM (1st Award). Additionally, the evidence shows he was favorably considered for the AGCM (1st Award) by his immediate commanding officer. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160004797 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160004797 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2