IN THE CASE OF: BOARD DATE: 28 October 2008 DOCKET NUMBER: AR20080013243 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests, in effect, that he be awarded the Army Good Conduct Medal (AGCM) with Clasp (2nd Award). 2. The applicant states, in effect, that he should have been awarded a second AGCM based on the fact he served honorably and there was no derogatory information or actions taken against him throughout his military service. 3. The applicant provides his separation document (DD Form 214) in support of his application. CONSIDERATION OF EVIDENCE: 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. 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, 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’s military records show he enlisted in the Regular Army and entered active duty on 5 August 1997. He was trained in, awarded, and served in military occupational specialty (MOS) 11B (Infantryman). 3. On 19 June 2000, Camp Casey Transition Center, Permanent Orders Number 171-001, awarded the applicant the AGCM for his qualifying period of honorable active duty service from 5 August 1997 through 4 August 2000. 4. The applicant continuously served on active duty until 4 July 2004, at which time he was honorably released from active duty (REFRAD) after completing a total of 6 years and 11 months of active military service. The DD Form 214 that he was issued shows he earned the following awards during his active duty tenure: Army Commendation Medal (3rd Award); Army Achievement Medal; AGCM; National Defense Service Medal; Korean Defense Service Medal; Global War on Terrorism Expeditionary Medal; Global War on Terrorism Service Medal; Noncommissioned Officer’s Development Ribbon; Army Service Ribbon; Overseas Service Ribbon; Expert Marksmanship Qualification Badge with Rifle Bar; Expert Infantryman Badge; Air Assault Badge; and the Army Lapel Button. The AGCM with Clasp (2nd Award) is not included in this list of awards. 5. The applicant’s Official Military Personnel File (OMPF) is void of any derogatory information or of a unit commander disqualification that would have precluded him from receiving the second award of the AGCM. 6. Army Regulation 600-8-22 (Military Awards) contains the Army’s awards policy. Chapter 4 prescribes the policy for award of the AGCM. It states, in pertinent part, that the AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service. The normal qualifying period is 3 years and that a clasp is authorized for wear on the AGCM to denote a second or subsequent award. Although there is no automatic entitlement to the AGCM, disqualification must be justified. DISCUSSION AND CONCLUSIONS: 1. The applicant's contention that he should have received a second award of the AGCM was carefully considered and found to have merit. 2. The evidence of record confirms that subsequent to the applicant’s receipt of his first AGCM, he served an additional 3 years and 11 months until he was honorably REFRAD on 4 July 2004. Therefore, absent any evidence of derogatory information or of a unit commander disqualification that would have precluded him from receiving the 2nd Award of the AGCM, it would be appropriate and serve the interest of justice and equity to award him the AGCM with Clasp (2nd Award) for his second period of qualifying honorable active duty service from 5 August 2000 through 4 August 2003, and to add this award to his record and separation document at this time. BOARD VOTE: ___x____ ___x____ ___x____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented was 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 with Clasp (2nd Award) for his second qualifying period of honorable active duty service from 5 August 2000 through 4 August 2003; and by providing him a correction to his DD Form 214 that includes this award. _______ _ 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. ABCMR Record of Proceedings (cont) AR20080013243 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20080013243 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1