IN THE CASE OF: BOARD DATE: 6 March 2015 DOCKET NUMBER: AR20140012106 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 the addition of his Army Good Conduct Medal (AGCM) (4th Award) to his DD Form 214 (Certificate of Release or Discharge from Active Duty). 2. The applicant states, in effect, that he has orders and it is not listed on his DD Form 214. 3. The applicant provides a copy of Permanent Order 095-002 dated 5 April 2013 and his DD Form 214. CONSIDERATION OF EVIDENCE: 1. The applicant enlisted in the Regular Army on 6 April 2001. He completed the training requirements and was awarded military occupational specialty 42A (Human Resources Specialist). 2. On 26 May 2014, he was retired from active duty under the provisions of Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation), chapter 4, by reason of disability, permanent (enhanced) in the rank/grade of staff sergeant (SSG)/E-6. 3. Item 13 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the ACGM (3rd Award). 4. His record shows he accepted nonjudicial punishment (NJP), under the provisions of Article 15 of the Uniform Code of Military Justice (UCMJ), on 26 March 2007 for multiple specifications of disobeying a lawful order from a superior. 5. On 9 June 2007, his immediate commander initiated a memorandum for record (MFR) denying him the AGCM. As the reason for this action, his commander cited the applicant's receipt of NJP as a noncommissioned officer (NCO). The rationale was that in addition to the NJP, he was counseled for lying to a senior NCO. Thus, his character and conduct failed to meet the expectations of an NCO. There was no period of service noted in this memorandum. 6. A review of his record reveals: a. Permanent Orders 96-17, issued by Delta Detachment, 38th Personnel Service Battalion, APO AE on 5 April 2004, which awarded him the AGCM (1st Award) for the period 6 April 2001 to 5 April 2004. b. The AGCM disqualification MFR, dated 9 June 2007. c. Permanent Orders 095-002, issued by HHC, 2d Engineer Brigade, U.S. Army Alaska, Joint Base Elmendorf-Richardson, Alaska on 5 April 2013, awarded him the AGCM (4th Award) for the period 4 April 2010 to 5 April 2013. 7. 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: 1. The applicant's contention that his DD Form 214 should be corrected to show the AGCM (4th Award) was carefully considered. 2. The available evidence of record clearly shows the applicant was awarded his first AGCM for the period 6 April 2001 to 5 April 2004. Therefore, the period of service for award for the second AGCM started on 6 April 2004 and ran through 5 April 2007. However, during this period of service, the applicant received NJP on 26 March 2007 and his commander provided a memorandum of record as justification in denying the award, which would have been his second award. 3. Although no order exists in his record for the issuance of an award for the subsequent three-year period of service (6 April 2007 to 5 April 2010), his DD Form 214 does support that he was awarded the AGCM and therefore suggests he was qualified during this period of service. This would have officially been listed as "AGCM (2nd Award)." 4. Permanent Order 095-002 shows he was awarded the AGCM (4th Award) during the period of service (4 April 2010 to 5 April 2013) before he was honorably retired. This should have officially been listed as – "AGCM (3rd Award);" therefore, the permanent order is incorrect. 5. The evidence shows that his DD Form 214 accurately reflects the number of AGCMs he was awarded. In view of the foregoing, there is an insufficient basis to grant the requested relief. 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. _______ _ _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) AR20120016975 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20140012106 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1