IN THE CASE OF:	  

		BOARD DATE:	  21 December 2010

		DOCKET NUMBER:  AR20100017289 


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) and correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show this award.

2.  The applicant states she served honorably from 24 June 2003 through 17 February 2007 with no disciplinary actions.  Her unit informed her she would have the AGCM in hand upon discharge, but she did not receive it.

3.  The applicant provides no documents in support of her request.

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 enlisted in the Regular Army on 24 June 2003.  She was honorably released from active duty on 16 February 2007 after completing 3 years, 7 months, and 23 days of total active service.

3.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of her DD Form 214 shows the:

* Army Commendation Medal
* Army Achievement Medal (2nd Award)
* National Defense Service Medal
* Global War on Terrorism Expeditionary Medal
* Global War on Terrorism Service Medal
* Army Service Ribbon
* Overseas Service Ribbon (2nd Award)

4.  Section III - Service Data of her Enlisted Record Brief (ERB) shows no entries in the fields for AGCM date (i.e., date awarded) or AGCM eligibility date.

5.  The applicant's record is void of documentation showing she received nonjudicial punishment, reductions in rank/grade, any convictions by court-martial, or a commander's disqualification for award of the AGCM.

6.  The applicant's record is also void of documentation showing she was awarded the AGCM.

7.  Army Regulation 600-8-22 (Military Awards) states 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.  Although there is no automatic entitlement to the AGCM, disqualification must be justified.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence supports the applicant's request for correction of her record to show she was awarded the AGCM.

2.  She received an Army Commendation Medal and two awards of the Army Achievement Medal during her Army service, indicating her performance of duty was well regarded by her chain of command.


3.  The applicant's record shows no documented justification for disqualifying the applicant for award of the AGCM.  In the absence of such documentation, and in view of her having been awarded three personal awards during her Army service, it would be appropriate to award her the first award of the AGCM for the period 24 June 2003 through 23 June 2006 and to correct her DD Form 214 to show this award.

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:

	a.  awarding her the first award of the Army Good Conduct Medal for the period 24 June 2003 through 23 June 2006 and 

	b.  adding to item 13 of her DD Form 214 the Army Good Conduct Medal
(1st 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)                                         AR20100017289



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ABCMR Record of Proceedings (cont)                                         AR20100017289



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