IN THE CASE OF: BOARD DATE: 20 NOVEMBER 2008 DOCKET NUMBER: AR20080014663 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 award of the Army Good Conduct Medal (AGCM). 2. The applicant states that after speaking to the Army Board for Correction of Military Records (ABCMR), he was advised to submit his request for award of the AGCM. He states that he believes he is eligible for the AGCM because he spent 9 months on active duty and 5 years in the "National Guard Reserve" (sic). He had an exceptional military record and exemplary behavior. 3. The applicant provides, in support of his application, copies of 2 Letters of Commendation and copies of Certificates of Appreciation for his service as a civilian customs inspector. 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. On 16 June 1977, the applicant enlisted in the Puerto Rico Army National Guard (PRARNG) for a period of 6 years. 3. On 18 September 1977, the applicant was ordered to initial active duty for training (IADT). On 8 April 1978, the applicant successfully completed IADT, he was awarded military occupational specialty 43E (Parachute Rigger), and he was released from IADT to return to his unit in Puerto Rico. He completed 6 months and 21 days of active duty. 4. On 20 January 1983, the applicant was honorably discharged from the PRARNG and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) for the completion of his statutory military obligation. 5. On 1 September 1984, the applicant was discharged from the USAR Control Group (Annual Training) upon completion of his statutory military obligation. 6. The applicant provided copies of 2 Letters of Commendation in support of his request for award of the AGCM. He also provided copies of Certificates of Appreciation regarding his superb performance as a civilian customs inspector. 7. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual military awards. Paragraph 4-2 of Army Regulation 600-8-22 stipulates, in pertinent part, that active component enlisted Soldiers, active Guard Reserve (AGR) enlisted personnel serving on extended periods of active duty (other than for training) under title 10, U.S. Code with service beginning on or after 1 September 1982, eligible Army of the U.S. (AUS) enlisted personnel, and other Army enlisted personnel as directed by the Secretary of the Army, may be eligible for award of the AGCM. The AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service. This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service. DISCUSSION AND CONCLUSIONS: 1. The applicant served in the PRARNG from 16 June 1977 through 20 January 1983. He served a period of 6 months and 21 days of active duty for completion of his IADT. 2. Given the above regulatory guidance, the applicant does not have a qualifying period of active Federal service for award of the AGCM. Therefore, he is not entitled to this award. 3. In order to justify correction of a military record the applicant must show or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant did not submit any evidence that would satisfy this requirement. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___X_____ ____X____ __X_____ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. ________XXX_______________ 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) AR20080014663 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20080014663 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1