RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        20 December 2005
      DOCKET NUMBER:  AR20050002421


      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. Prevolia A. Harper            |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James C. Hise                 |     |Chairperson          |
|     |Mr. Ronald E. Blakely             |     |Member               |
|     |Ms. Jeanette R. McCants           |     |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 correction of his records to show award of the
Army Good Conduct Medal (AGCM).

2.  The applicant states that he was not issued the AGCM for good conduct
during his time on active duty.  The applicant further states, in effect,
that it was the responsibility of his unit to be aware of the requirements
for AGCM.

3.  The applicant argues that he had no knowledge of how to correct the
error and that he had shown conduct becoming of a Solider during his tenure
on active duty and in the United States Army Reserve (USAR).  He further
stated that he should not be responsible for errors made by untrained and
non-administrative personnel handling records.

4.  The applicant provides no documents in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 1 April 1993.  The application submitted in this case is dated
10 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 Regular Army on 30 August 1989 for a
period of 4 years.  He completed the required training and was awarded the
military occupational specialty (MOS) 36L10 (Transportable Automatic
Switching Systems Operator).

4.  The applicant’s DA Form 2-1 (Personnel Qualification Record) shows in
item 9 (Awards, Decorations, and Campaigns) that he received the Army
Service Ribbon, Army Achievement Medal, the Southwest Asia Service Medal
with two bronze service stars, the Overseas Service Bar, the Humanitarian
Service Medal, One Overseas Service Ribbon, the Joint Meritorious Unit
Award, and the Kuwait Liberation Medal.  The AGCM is not listed among these
awards.
5.  The DA Form 2-1 does not contain any entries in item 35 (Assignments)
which show the applicant’s conduct and efficiency ratings.

6.  The applicant’s record contains a DA Form 4856 (General Counseling
Form), dated 27 October 1992.  Item 8 (Date and Circumstances) shows the
applicant declined attending the Primary Leadership Development Course
(PLDC).

7.  The counseling form also shows that the applicant was counseled by a
noncommissioned officer (NCO) in his chain of command.  The NCO stated that
he was counseling the applicant due to his declination to attend PLDC.  The
NCO explained that the applicant was aware that this course was mandatory
for career progression.  He further advised the applicant that refusing to
attend could result in a Bar to Reenlistment and that he would be chaptered
out of the Army.

8.  The applicant acknowledged that he was well aware of the consequences
of his declination of PLDC and that he had informed his chain of command
that he did not intend to attend PLDC.

9.  On 18 November 1992, a bar to reenlistment was imposed on the applicant
by his chain of command.  The applicant’s record contains no other
derogatory actions.

10.  A DA Form 4187 (Personnel Action), dated 24 December 1992, shows that
the applicant requested that he be separated prior to his expiration term
of service (ETS).

11.  On 1 April 1993, the applicant was honorably discharged from active
duty.  He completed 3 years, 7 months, and 2 days of creditable active
service.  His DD Form 214 confirms that the narrative reason for his
separation was a locally imposed bar to reenlistment.

12.  Army Regulation 600-8-22, (Awards), chapter 4, prescribes the policy
for award of the AGCM.  It states, in pertinent part, that 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.

13. Paragraph 4-8, of the awards regulation states, in pertinent part, that

individuals for whom a bar to reenlistment has been approved are not
eligible for award of the Army Good Conduct Medal.
DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request for correction of his records to show award of
the AGCM was carefully considered and found to be without sufficient merit.
 By regulation, Soldiers who receive a bar to reenlistment are not eligible
for the AGCM.

2.  Evidence of record shows that the applicant refused to attend PLDC.  As
a result, he was issued a bar to reenlistment by his chain of command.  The
applicant was fully aware and acknowledged the implications of his actions.
 There is no evidence in the available record which shows the applicant was
ever recommended for award of the AGCM prior to his bar to reenlistment.
Therefore, there is insufficient evidence upon which to grant the AGCM.

3.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 1 April 1993; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 31 March 1996.  The applicant did not file within the 3-year
statute of limitations and has not provided a compelling explanation or
evidence to show that it would be in the interest of justice to excuse
failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__JCH       __REB __  __JRM __  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that 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.




2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.




                                  _____James C. Hise____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050002421                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051220                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(DENY)                                  |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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