IN THE CASE OF: BOARD DATE: 29 March 2019 DOCKET NUMBER: AR20170006784 BOARD DETERMINATION/RECOMMENDATION: His DA Form 24 shows he had all “excellent” conduct and efficiency ratings except for one period while he was attending a service school, during which he received a “good” conduct rating and a “good” (academic) efficiency rating. However, after more Board deliberation it was determined the applicant met the preponderance of the requirements for award of the Good Conduct Medal. Board granted applicant’s request. 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: IN THE CASE OF: DOCKET NUMBER: AR20170006784 BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 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: 29 March 2019 DOCKET NUMBER: AR20170006784 THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests that he be awarded the Army Good Conduct Medal (AGCM). 2. The applicant states he believes he is eligible for the Army Good Conduct Medal. THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records. 2. Evidence from the applicant’s service record and Department of the Army and Department of Defense records and systems: * DD Form 214 for the period ending 15 May 1964 * DA Form 24 (Service Record) 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 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. 2. AR 635-5 (Separation Documents), then in effect, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for preparation of the DD Form 214. The DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. 3. 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. DISCUSSION: 1. 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, and 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 16 May 1961. 3. On 15 May 1964, he was honorably released from active duty after completing 3 years of active duty service. 4. His DA Form 24 shows he had all “excellent” conduct and efficiency ratings except for one period while he was attending a service school, during which he received a “good” conduct rating and a “good” (academic) efficiency rating. 5. The regulation in effect at the time stated award of the Army Good conduct Medal required all “excellent” conduct and efficiency ratings, and provided an exception for “good” ratings for efficiency only while attending a service school. //NOTHING FOLLOWS// ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20170006784 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2