IN THE CASE OF: BOARD DATE: 11 December 2012 DOCKET NUMBER: AR20120010550 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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to add the Army Good Conduct Medal and the Combat Action Badge. 2. The applicant states, in effect, he believes the oversight was an administrative error. 3. The applicant provides his DD Form 214. 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. With respect to the Combat Action Badge: a. Paragraph 2-5 of Army Regulation 15-185 (Army Board for Correction of Military Records), the regulation under which this Board operates, states the Board will not consider any application if it determines that the applicant has not exhausted all available administrative remedies. There is no evidence that the applicant submitted an application for award of the Combat Action Badge to the Commander, U.S. Army Human Resources Command, ATTN: Veterans Services, 1600 Spearhead Division Avenue, Fort Knox, KY  40121-5743, and was denied relief for this award. b. The Combat Action Badge may be requested by letter and must contain the following: * assignment, attachment, or operational control orders * a copy of the Soldier's Officer or Enlisted Record Brief * a copy of the chain of command endorsement * a one-page narrative description of the qualifying incident * a certified copy of the DD Form 214 * any other supporting documentation c. Therefore, the issue of the Combat Action Badge will not be discussed further in this Record of Proceedings. 3. The applicant enlisted in the Regular Army on 28 June 2000 and held military occupational specialty 31U (Signal Support Systems Specialist). 4. His military record does not show the award of the Army Good Conduct Medal; however, there is no record his commander found him to be disqualified for award of the Army Good Conduct Medal. Additionally, there is no indication of any derogatory information in the form of nonjudicial punishment (NJP), a record of court-martial, or lost time in his record. 5. He was honorably released from active duty on 1 August 2004. He completed 4 years, 1 month, and 4 days of creditable active service with no lost time. His DD Form 214 does not list the Army Good Conduct Medal. 6. Army Regulation 600-8-22 (Military Awards) states the Army Good Conduct Medal 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 Army Good Conduct Medal, disqualification must be justified. DISCUSSION AND CONCLUSIONS: He served honorably during the period 28 June 2000 through 1 August 2004. His records do not contain any derogatory information in the form of time lost, NJP, or suspension of favorable personnel actions. Additionally, there are no entries in his record to indicate that his commander denied him this award. Therefore, he should be awarded the Army Good Conduct Medal (1st Award) and his DD Form 214 should be corrected 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: * awarding him the Army Good Conduct Medal (1st Award) for the period 28 June 2000 through 27 June 2003 * adding to his 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) AR20120010550 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20120010550 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1