Search Decisions

Decision Text

ARMY | BCMR | CY2005 | 20050002012C070206
Original file (20050002012C070206.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        18 October 2005
      DOCKET NUMBER:  AR20050002012


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Ms. Maria C. Sanchez              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John Slone                    |     |Chairperson          |
|     |Ms. Linda D. Simmons              |     |Member               |
|     |Mr. Kenneth W. Lapin              |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests award of the Good Conduct Medal (1st Award) be
shown on his DD Form 214 (Certificate of Release or Discharge From Active
Duty) with the separation date 1 July 1990 and to correct his DD Form 214
with the separation date 20 February 2002 to show award of the Good Conduct
Medal (2nd Award).

2.  The applicant states, in effect, he honorably fulfilled his first term
of active service and was not awarded the Good Conduct Medal.

3.  The applicant provides a copy of his DD Form 214 with the separation
dated of 1 July 1990 and a copy of U.S. Army Reserve Personnel Command
Permanent Orders W-07-291498, dated 30 July 2002 in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 1 July 1990, the date of his separation from active duty.  The
application submitted in this case is dated 28 January 2005.

2.  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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant enlisted in the Army on 2 July 1987 for a period of three
years.  After completion of basic and advanced individual training, he was
awarded military occupational specialty (MOS) 76Y10 (Unit Supply
Specialist).  The applicant was honorably separated and transferred to the
United States Army Reserve on 1 July 1990.

4.  The applicant's DD Form 214 with the separation date of 1 July 1990
does not show award of the Good Conduct Medal.

5.  A review of the applicant's service records of this period of active
duty service shows no derogatory information that would disqualify him for
award of the Good Conduct Medal (1st Award).

6.  Records show the applicant served on active duty as a member of the
U.S. Army Reserve Active Guard Reserve Program from 21 February 1999
through 20 February 2002.

7.  The applicant submitted a copy of U.S. Army Reserve Personnel Command
Permanent Orders W-07-291498, dated 30 July 2002, which awarded him the
Good Conduct Medal (1st Award) for the period of service 21 February 1999
through 20 February 2002.

8.  Army Regulation 600-8-22 provides that the 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 Good Conduct
Medal, disqualification must be justified.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the Good Conduct
Medal (1st Award) for his period of active service 2 July 1987 through 1
July 1990.

2.  Evidence of record confirms that the applicant served honorably during
the period from 2 July 1987 through 1 July 1990.  Lacking any derogatory
information on file that would have disqualified him, it would be
appropriate to award the applicant the first award of the Good Conduct
Medal for the 3 year qualifying period from 2 July 1987 through 1 July
1990.  Therefore, he is entitled to correction of his records to show award
of the Good Conduct Medal (1st Award) for this period of service.

3.  The applicant also contends that the award of the Good Conduct Medal
(1st Award) he received for the period of service from 21 February 1999
through 20 February 2002, should be corrected to show award of the Good
Conduct Medal (2nd Award).

4.  Based of the above correction, the applicant is entitled to have his
records corrected to show award of the Good Conduct Medal (2nd Award) for
the period of service from 21 February 1999 through 20 February 2002.
BOARD VOTE:

_JNS___  _KWL____  _LDS___  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 and to excuse failure to timely file.  As a
result, the Board recommends that all Department of the Army records of the
individual concerned be corrected:

      a.  by awarding him the Good Conduct Medal (1st Award) for the period
of service 2 July 1987 through 1 July 1990; and


      b.  by awarding him the Good Conduct Medal (2nd Award) for the period
of service 21 February 1999 through 20 February 2002.




                               __John N. Sloan_________
                                      CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050002012                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051018                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.  102  |107.0056/AGCM                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]


Similar Decisions

  • ARMY | BCMR | CY2006 | 20060014670

    Original file (20060014670.txt) Auto-classification: Approved

    The applicant requests, in effect, correction of his separation document to show award of the Good Conduct Medal (2nd Award), the Army Achievement Medal with four Oak Leaf Clusters, the Armed Forces Reserve Medal (2nd Award), and the Overseas Service Ribbon (3rd Award). The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty) covering the period 12 April 1984 through 24 February 1987; a DD Form 214 covering the period 11 October 1990 through 20...

  • ARMY | BCMR | CY2009 | 20090019038

    Original file (20090019038.txt) Auto-classification: Approved

    The applicant states he qualified for award of the National Defense Service Medal for his service in the U.S. Army Reserve (USAR) during Operation Desert Storm/Desert Shield. He then qualified for a second award of the National Defense Service Medal based on his active duty service in the Regular Army (RA) during the period 11 September 2001 to 4 March 2002. Therefore, it would be appropriate to correct his 4 March 2002 DD Form 214 to show two awards of the National Defense Service Medal.

  • ARMY | BCMR | CY2012 | 20120021857

    Original file (20120021857.txt) Auto-classification: Approved

    The Soldier must retire on the approved retirement date. Army Regulation 600-8-22 (Military Awards) states: a. Second, the approval authority for Soldiers who request retirement in lieu of PCS is the Commander, HRC.

  • ARMY | BCMR | CY2012 | 20120009142

    Original file (20120009142.txt) Auto-classification: Approved

    The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 18 June 1999 to add the following awards: * Meritorious Service Medal (MSM) (2nd Award) * Army Commendation Medal (ARCOM) (5th Award) * Army Achievement Medal (AAM) (5th Award) * Army Superior Unit Award (ASUA) (2nd Award) * Army Good Conduct Medal (AGCM) (4th Award) * National Defense Service Medal (NDSM) (2nd Award) * Noncommissioned Officer (NCO)...

  • ARMY | BCMR | CY2015 | 20150003446

    Original file (20150003446.txt) Auto-classification: Approved

    The applicant requests, in effect, correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending on 23 November 1982 to show she was awarded the Army Good Conduct Medal and the National Defense Service Medal (2nd Award). Her record contains a memorandum, dated 23 February 1990, wherein her commander at the time requested the Commander, USAR Personnel Center (ARPERCEN) retroactively award her with the Army Good Conduct Medal for the period 26...

  • ARMY | BCMR | CY2014 | 20140003032

    Original file (20140003032.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) dated 31 December 2013 to show he was awarded the Army Achievement Medal (AAM)(6th Award) and the Army Good Conduct Medal (AGCM) (7th Award). The applicant states, in effect, his DD Form 214 erroneously shows he was awarded the Army Achievement Medal (4th Award) and the Army Good Conduct Medal (2nd Award). As a result, the Board recommends that all Department of the Army records of...

  • ARMY | BCMR | CY2008 | 20080001208

    Original file (20080001208.txt) Auto-classification: Approved

    The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Armed Forces) and DA Form 2-1 (Personnel Qualification Record) to show award of the Army Achievement Medal (3rd Oak Leaf Cluster), the Good Conduct Medal (2nd Award), and the Armed Forces Expeditionary Medal. Therefore, in the absence of permanent orders that show he was awarded his fourth award of the Army Achievement Medal, the certificate provided by the applicant is insufficient by...

  • ARMY | BCMR | CY2011 | 20110023737

    Original file (20110023737.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his records to show the following awards: * Korea Defense Service Medal (KDSM) * Army Reserve Components Achievement Medal (ARCAM) * Soldier's Medal 2. As a result, the Board recommends that all State Army National Guard and Department of the Army records of the individual concerned be corrected by: a. awarding him the Army Reserve Components Achievement Medal...

  • ARMY | BCMR | CY2005 | 20050003923C070206

    Original file (20050003923C070206.doc) Auto-classification: Approved

    The applicant requests, in effect, that the following corrections be made to his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 2 April 2002: a. Item 12e (Total Prior Inactive Service) - add 3 years to the 9 years, 1 month, and 11 days currently shown; c. Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized): add award of the Combat Infantryman Badge, the Guatemala Parachute Wings, the Korea...

  • ARMY | BCMR | CY2010 | 20100006993

    Original file (20100006993.txt) Auto-classification: Approved

    The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the following awards: * Army Commendation Medal (ARCOM), * three Army Achievement Medals (AAM) * Korea Defense Service Medal * National Defense Service Medal * Southwest Asia Service Medal with three bronze service stars * three Overseas Service Ribbons * Valorous Unit Award 2. Army Regulation 600-8-22 (Military Awards) states the National Defense Service Medal is...