IN THE CASE OF:	 

		BOARD DATE:	  4 November 2008

		DOCKET NUMBER:  AR20080013866 


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 that he be awarded the Good Conduct Medal.

2.  The applicant states, in effect, that he served honorably and with distinction throughout his 3-year enlistment in the Regular Army and deserved the Good Conduct Medal.

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 that he enlisted in the Regular Army on 10 November 1993, was awarded the military occupational specialty of cannon crewmember, and was promoted to pay grade E-4.

3.  The applicant was honorably released from active duty at the expiration of his term of service on 9 November 1996 and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining military service obligation.  The DD Form 214 he was issued does not show the Good Conduct Medal.

4.  Evidence of record shows the applicant was awarded the Good Conduct Medal by Headquarters, U.S. Army Field Artillery Center, Fort Sill, Oklahoma Permanent Orders 346-00008, dated 11 December 1996 for exemplary behavior, efficiency, and fidelity in active federal service during the period 10 November 1993 to 9 November 1996.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the Good Conduct Medal by Permanent Orders 346-00008, dated 11 December 1996.

2.  As such, it would be appropriate to amend his DD Form 214 to add the Good Conduct Medal.

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 adding the Good Conduct Medal for the period 10 November 1993 to 9 November 1996 to his DD Form 214.



      _________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)                                         AR20080013866



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ABCMR Record of Proceedings (cont)                                         AR20080013866



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