ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF:   BOARD DATE:  7 May 2020 DOCKET NUMBER:  AR20190003686 


APPLICANT REQUESTS:  award of the Army Good Conduct Medal (AGCM). 

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

.DD Form 149 (Application for Correction of Military Record), dated 30 January2019

.U.S. Army Regional Personnel Center, Darmstadt, Orders 176-29, dated 17 July1978

.U.S. Army Regional Personnel Center, Darmstadt, Orders 73-10, dated 27 March1979

.Certificate of Achievement, dated 31 May 1979

.Headquarters, U.S. Army Training Center and Fort Dix letter, dated 13 June1979, subject:  Reason/Authority for Separation

.DD Form 214 (Report of Separation from Active Duty)



FACTS: 

1.The applicant did not file within the three year time frame provided in Title 10, UnitedStates Code (USC), section 1552(b); however, the Army Board for Correction of MilitaryRecords (ABCMR) conducted a substantive review of this case and determined it is inthe interest of justice to excuse the applicant's failure to timely file.

2.The applicant states:

a.He believes he should have been awarded the AGCM.

b.He separated 3 days short of 3 years of honorable service.

c.He served honorably with no disciplinary actions and he was separated on thedate he was ordered to. 

d.He also served 3 years in the U.S. Army Reserve.

3.On 17 June 1976, the applicant enlisted in the Regular Army.
4.He provided copies of:

a.U.S. Army Regional Personnel Center, Darmstadt, Orders 176-29, dated 17 July1978, that show he was appointed to the grade of acting sergeant with a date of rank as 7 November 1977 and 

b.U.S. Army Regional Personnel Center, Darmstadt, Orders 73-10, dated 27 March1979, that show he was reassigned to the U.S. Army Separation Transfer Point, Fort Dix, NJ, effective 14 June 1979 and he had a scheduled date of separation for 16 June 1979. 

5.His DA Form 2-1 Personnel Qualification Record – Part II) shows in:

a.item 5 (Oversea Service) – United States Army Europe, Germany, from8 October 1976 through 11 June 1979, 

b.item 17 (Civilian and Military Schools), in part – he completed the PrimaryNoncommissioned Officers Course for 4 weeks in 1978 and the Basic Noncommissioned Officers Course for 4 weeks in 1978, and 

c.item 18 (Appointments and Reductions) – no reductions.

6.He provided copies of:

a.his Certificate of Achievement from 2d Battalion, 83d Field Artillery, dated 31 May1979, that shows the certificate was awarded for meritorious service for the period 21 October 1979 to 12 June 1979; 

b.a letter from the Assistant Adjutant General, Headquarters, U.S. Army TrainingCenter and Fort Dix, dated 13 June 1979, subject:  Reason/Authority for Separation, which shows he was advised on his projected separation date of 13 June 1979 and the reason for his separation, which was listed as: 

(1)Short length of time remaining on active duty precludes reassignment and

(2)RE-3 (reenlistment) not eligible for immediate reenlistment unless waiverconsideration is permissible and granted. 

7.On 13 June 1979, he was honorably released from active duty and transferred to theU.S. Army Reserve Control Group (Reinforcement).  His DD Form 214 shows in:

a.item 9c (Authority and Reason) – Army Regulation 635-200 (PersonnelSeparations – Enlisted Personnel), chapter 5-12; Separation Program Designation Code (SPD) "LBM" (short length of time remaining on active duty precludes reassignment,  

b.item 18c (Total Active Service) – 2 years, 11 months, and 27 days,

c.item 21 (Lost Time) – None, and

d.item 26 (Decorations, Medals, Badges, Commendations, Citations, andCampaign Ribbons Awarded or Authorized) – 

.Expert Marksmanship Qualification Badge with Rifle Bar (M-16)

.Sharpshooter Marksmanship Qualification Badge with Grenade Bar



8.His records are void of orders awarding him the AGCM.

9.His records are void of any disciplinary actions or a commander's disqualification forthe award of the AGCM (1st Award) for the period 17 June 1976 to 13 June 1979.

BOARD DISCUSSION: 



1.The Board carefully considered the applicant’s request, supporting documents andevidence in the records.  The Board considered the applicant’s statement, his recordand length of service, his awards and decorations, the data on his DA Form 2-1 and thereason for his separation.  The Board found no evidence of disciplinary actions or otherdisqualifying information in the record.  Based on a preponderance of evidence, theBoard determined that the applicant was entitled to award of the Army Good ConductMedal.2.After reviewing the application and all supporting documents, the Board found therelief was warranted.

BOARD VOTE: 

Mbr 1 Mbr 2 Mbr 3 

:XXX :XXX :XX 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 the applicant the AGCM (1st Award) for the period 17 June 1976 to13 June 1979, and;

-Amending his DD Form 214 for the period of service ending 13 June 1979 toadd to item 26 (Decorations, Medals, Badges, Commendations, Citations,and Campaign Ribbons Awarded or Authorized)- “AGCM.”








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. 

ADMINISTRATIVE NOTE(S):  N/A. 




REFERENCES: 

1.Title 10, USC, section 1552(b), provides that applications for correction of militaryrecords must be filed within three years after discovery of the alleged error or injustice.This provision of law also allows the ABCMR to excuse an applicant's failure to timelyfile within the three-year statute of limitations if the ABCMR determines it would be inthe interest of justice to do so.

2.Army Regulation 600-8-22 (Military Awards) states the AGCM is awarded toindividuals who distinguish themselves by their conduct, efficiency, and fidelity.Although there is no automatic entitlement to the AGCM, disqualification must bejustified.  Any one of the following periods of continuous enlisted active Federal militaryservice qualifies for award of the AGCM:

a.Each 3 years completed on or after 27 August 1940,

b.For first award only, 1 year served entirely during the period 7 December 1941 to2 March 1946, 

c.For first award only, upon termination of service on or after 27 June 1950 of lessthan 3 years but more than 1 year, 

d.For first award only, upon termination of service, on or after 27 June 1950, of lessthan 1 year when final separation was by reason of physical disability incurred in line of duty and, 

e.For first award only, for those individuals who died before completing 1 year ofactive Federal service if the death occurred in the line of duty. 

3.Army Regulation 635-200, in effect at the time, provided authority and generalprovisions governing the separation of enlisted personnel.  Section V (Separation ofEnlisted Personnel to Preclude Nonproductive Reassignments for Short Periods ofTime), paragraph 5-12, stated authorized commanders could order separation forconvenience of the government of enlisted personnel returned to the U.S., a possessionof the U.S. or area of residence in which the enlisted or ordered to active duty.

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