IN THE CASE OF:   

		BOARD DATE:  22 August 2018

		DOCKET NUMBER:  AR20160018150


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



		IN THE CASE OF:  

		BOARD DATE:  22 August 2018

		DOCKET NUMBER:  AR20160018150


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  
11 July 1963 through 28 June 1966; and

*	amending his DD Form 214 to add the Army Good Conduct Medal (1st 
Award) and the Expert Marksmanship Qualification Badge with Rifle Bar 
(M-14)
 

                                    __________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.



		IN THE CASE OF:  

		BOARD DATE:  22 August 2018

		DOCKET NUMBER:  AR20160018150


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 served 3 years without receiving disciplinary action.

3.  The applicant provides a copy of 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 11 July 1963.  
3.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification 
Record) shows he received all "excellent" or "unknown" conduct and efficiency 
ratings throughout his entire period of active military service.

4.  Special Orders Number 178 issued by Headquarters, 4th Training Regiment 
on 27 August 1963, awarded him the Expert Marksmanship Qualification Badge 
with Rifle Bar (M-14).

5.  There is no evidence in the available records that shows he was awarded the 
AGCM; neither is there evidence of a commander's disqualification for the award. 
Additionally, there is no evidence of any convictions by courts-martial or receipt 
of nonjudicial punishment under Article 15, Uniform Code of Military Justice.

6.  On 28 June 1966, he was honorably released from active duty.  His DD Form 
214 shows he was awarded or authorized the National Defense Service Medal 
and the Armed Forces Expeditionary Medal.  His DD Form 214 does not show 
the AGCM among his authorized awards.  

REFERENCES:

Army Regulation 600-65 (Service Medals), in effect at the time, stated the AGCM 
was awarded for each three years of continuous enlisted active Federal military 
service completed on or after 27 August 1940; for first award only, one 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 
three years but more than one year.  A Soldier's conduct and efficiency ratings, 
including those pertinent to attendance at service schools, must have all been 
recorded as "excellent" or higher, except that ratings of "unknown" for portions of 
the period under consideration would not be disqualifying.  There must have 
been no convictions by court-martial.  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 served on active duty during the period 11 July 1963 through     
28 June 1966.  During this period, he received all "excellent" or "unknown" 
conduct and efficiency ratings.  The evidence shows he met the criteria for award 
of the AGCM (1st Award).  


2.  Special orders awarded him the Expert Marksmanship Qualification Badge 
with Rifle Bar (M-14).  This badge is not listed on his DD Form 214. 

//NOTHING FOLLOWS//
ABCMR Record of Proceedings		                                       


Enclosure 1
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


		
ABCMR Record of Proceedings (cont)	AR20160018150


2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


Enclosure 1
ABCMR Record of Proceedings (cont)	AR20160018150


2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


Enclosure 2