ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF: 

	BOARD DATE:  17 December 2019

	DOCKET NUMBER:  AR20190010791


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)
*	DD Form 214 (Armed Forces of the United States Report of Transfer or 
Discharge).  

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, in effect, he qualifies for the AGCM in accordance with Army 
Regulation 600-8-22 (Military Awards).

3.  The applicant enlisted in the Regular Army on 19 June 1961 for a period of three 
years.  He arrived in Germany on 6 April 1962.  

4.  The applicant's records contain a DA Form 1049 (Personnel Action), subject:  
Application for Training as Warrant Officer Pilot, dated 25 April 1963, showing his 
immediate commander rated his character and efficiency as "excellent."  His records 
also contain a statement provided by his immediate commander on 8 May 1963 in 
which the commander indicated the applicant was of high moral character and had a 
record free of convictions by any type of court.

5.  The applicant's DA Form 24 (Service Record) shows: 

	a.  He was promoted to the rank of specialist four (SP4) on 25 October 1963.  

	b.  He received "excellent" conduct and efficiency ratings through most of his 
active service.  He received a conduct rating of "unknown" for the four-day period 8-11 
September 1961.


6.  The applicant was honorably released from active duty on 1 May 1964, in the rank of 
SP4, by reason of "early release overseas returnee."  His DD Form 214 shows he 
completed 2 years, 10 months, and 13 days of active service.  His DD Form 214 does 
not show the AGCM.

7.  The applicant's record does not contain evidence of nonjudicial punishment, adverse 
counseling, or any other type of derogatory information.

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board determined the 
applicant met the criteria for award of the AGCM (1st Award) and should received this 
award.  The Board further concurred with the correction addressed in Administrative 
Note(s) below.


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, in addition to the 
correction addressed in Administrative Note(s) below, awarding him the Army Good 
Conduct Medal (1st Award) for the period 19 June 1961 to 1 May 1964 and adding this 
award 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):

1.  Army Regulation 600-8-22 states the National Defense Service Medal (NDSM) is 
awarded for honorable active service for, among other periods, any period between 
1 January 1961 and 14 August 1974.  

2.  The applicant served honorably from June 1961 to May 1964.  Add the NDSM to his 
DD Form 214.


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 672-5-1 (Awards), in effect at the time, states the AGCM 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.  There must have been no convictions by a 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.

NOTHING FOLLOWS

ABCMR Record of Proceedings (cont)	 AR20190010791

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