ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 26 September 2019 DOCKET NUMBER: AR20190008997 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 28 May 2019 * letter, Troop D (Air), 2d Squadron, 1st Cavalry, 2nd Armored Division, dated 15 March 1977, subject: Letter of Appreciation * DA-Form 2-1 (Personnel Qualification Record – Part II) * 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, 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 his record is in error because of his missing AGCM. 3. On 28 December 1973, the applicant enlisted in the Regular Army. 4. His records contained two DA Forms 2166 (Enlisted Evaluation Report) as follows: a. a DA Form 2166, dated 10 July 1975, that shows he performed his assigned duties in an outstanding manner and he did not require supervision in the performance of his duties. b. a DA Form 2166, dated 16 September 1976, that shows he performed his duties in an outstanding manner. His technical knowledge, initiative, and dedication to his tasks at hand were unsurpassed. He dedicated himself to all tasks assigned and accomplished missions with little or no supervision. He was an asset to his organization and he had unlimited career potential.? 5. He provided a letter of appreciation, dated 15 March 1977, from the First Sergeant, Troop D, 2d Squadron, 1st Cavalry, 2d Armored Division. The applicant was commended for his loyalty, performance, devotion to duty, and significant contribution to the success of the unit accomplishments as a driver. It was noted that his military bearing set a standard that would be hard to accomplish by his contemporaries. 6. His DA Form 2-1 shows in: a. item 4 (Assignment Consideration), he was qualified for reenlistment. b. item 35 (Record of Assignments), he served with Troop D, 2d Squadron, 1st Cavalry, 2d Armored Division from 26 April 1974 to 6 June 1977. 7. On 27 June 1977, he was honorably released from active duty. His DD Form 214 shows he completed 3 years, 6 months, and 28 days of total active service. He was awarded or authorized the National Defense Service Medal and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16). 8. His records are void of any disciplinary actions or a commander's disqualification for award of the AGCM (1st Award). 9. His records are void of orders awarding him the AGCM (1st Award). BOARD DISCUSSION: The Board concluded the available evidence supports a recommendation to award him the Army Good Conduct Medal (1st Award) for his service from 28 December 1973 to 27 December 1976 and to add this award to his DD Form 214. 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 Medal (1st Award) for the period 28 December 1973 to 27 December 1976 * adding the Army Good Conduct Medal (1st Award) to his DD Form 214 for the period ending 27 June 1977 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. 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 the 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 600-8-22 (Military Awards) states the AGCM is awarded on a selective basis to Active Component and Active Guard Reserve enlisted Soldiers who distinguish themselves from among their fellow Soldiers by exemplary conduct, efficiency, and fidelity throughout a specified period of continuous enlisted active Federal military service. There is no right or entitlement to the medal until the immediate commander has approved the award and the award has been announced in permanent orders. a. The periods of service of qualifying service are: * Each 3 years 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 * For first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year * For first award only, upon termination of service, on or after 27 June 1950, of less than 1 year when final separation was by reason of physical disability incurred in line of duty * For first award only, for those individuals who died before completing 1 year of active Federal service if the death occurred in the line of duty b. Throughout a qualifying period of service, the enlisted Soldier's character must have been above reproach and must meet all of the following criteria for award of the AGCM as indicated in the Soldier's record: * willingly complied with the demands of the military environment * been loyal and obedient to his or her superiors * faithfully supported the goals of his or her organization and the Army * conducted himself or herself in an exemplary manner as to distinguish him or her from fellow Soldiers //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20190008997 2 1