ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 25 February 2019 DOCKET NUMBER: AR20170016169 APPLICANT REQUESTS: To be awarded the Army Good Conduct Medal (AGCM). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Special Orders Number 97 (Release from Active Duty Orders) FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), 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 served over three years of active duty with no issues on his record. He states he would like to include the decoration in his estate to his family. 3. The applicant’s DD Form 214 (Report of Separation from Active Duty) shows he enlisted in the Regular Army on 29 June 1973. He was honorably released from active duty on 28 June 1976 after completing 3 years of active serve. 4. The applicant's DD Form 214 and service records are void of, and the applicant did not provide, evidence he was awarded the AGCM. 5. His records contain DA Forms 2166-4 (Enlisted Efficiency Reports) which indicate he performed satisfactorily throughout his service and that he be promoted. The applicant's records are void of any derogatory or adverse information or a disqualification statement from his commander that would have precluded award of the AGCM. 6. Army Regulation 672-5-1 (Awards), in effect at the time, states the AGCM was awarded for each 3-year period of continuous enlisted active Federal military service completed on or after 27 August 1940 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. BOARD DISCUSSION: After review of the application and all evidence, the Board determined there is sufficient evidence to grant relief. The Board agreed no derogatory information is listed in the applicant’s record nor letter of denial. 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 the Army records of the individual concerned be corrected by awarding him the Army Good Conduct (AGCM) (1st Award), and adding the AGCM to his DD Form 214.. 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. ADMINISTRATIVE NOTE(S): Not applicable. REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three years after discovery of the alleged error or injustice. This provision of law also allows ABCMR to excuse an applicant's failure to timely file within the three-year statute of limitations if the 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 AGCM was awarded for each 3-year period 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 be evaluated as meeting all requirements and expectations for one of his grade, occupational specialty, and experience, and no convictions by court-martial. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20170016169 2