RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 8 December 2005
DOCKET NUMBER: AR20050003914
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 |
| |Mr. Jessie B. Strrickland | |Analyst |
The following members, a quorum, were present:
| |Mr. Richard T. Dunbar | |Chairperson |
| |Mr. James B. Gunlicks | |Member |
| |Mr. Scott W. Faught | |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 that he be awarded the Good Conduct Medal
(GCMDL).
2. The applicant states that he served 4 years of good conduct and should
have received an award of the GCMDL after 3 years of service.
3. The applicant provides no additional documents with his application.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error which
occurred on
8 February 1986. The application submitted in this case is dated 8 March
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 limitation 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. He enlisted in Milwaukee, Wisconsin, on 9 February 1982, for a period
of 4 years, training as a cannon crewman, assignment to Europe, and a
$5,000 cash enlistment bonus. He completed his one-station unit training
(OSUT) at Fort Sill, Oklahoma, and was transferred to Germany on 28 May
1982. He was advanced to the pay grade of E-4 on 15 August 1983.
4. He departed Germany on 27 May 1985 for assignment to Fort Lewis,
Washington, where he remained until he was honorably released from active
duty on 8 February 1986, due to the expiration of his term of service. He
had served 4 years of total active service and was awarded the Army
Achievement Medal, the Army Service Ribbon, and the Overseas Service
Ribbon.
5. A review of his records fails to reveal any derogatory information that
would serve to disqualify him for award of the GCMDL and there is no
evidence that his commander took steps to disqualify him for that award.
6. Army Regulation 600-8-22 provides the criteria for award of the Army
Good Conduct Medal (GCMDL). It states, in pertinent part, that the GCMDL
was established by Executive Order 8809, 28 June 1941 and was amended by
Executive Order 9323, 1943 and by Executive Order 10444, 10 April 1953 and
is awarded for exemplary behavior, efficiency, and fidelity in active
Federal military service. The regulation also states, in pertinent part,
that for first award only, upon termination of service on or after 27 June
1950, a period of service of less than 3 years but more than 1 year
qualifies for award of the GCMDL.
DISCUSSION AND CONCLUSIONS:
1. After carefully examining the applicant’s record of service, the Board
has determined that the applicant should have received the GCMDL for his
service from 9 February 1982 through 8 February 1985. This conclusion is
based on the fact that the record is void of any derogatory information,
which would preclude the applicant from being awarded the GCMDL, and the
lack of any specific action by the applicant’s unit commander to disqualify
him from receiving the award.
2. The Board found that the applicant not receiving the GCMDL was likely
the result of an administrative error as opposed to it being the result of
a conscious disqualification by any of the unit commanders for which he
served. Therefore, in the interest of justice, the Board determined that
this error should be corrected and the applicant should receive the GCMDL
at this time.
BOARD VOTE:
__rtd___ __jbg___ __swf___ GRANT 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 by awarding him the GCMDL for the period
from 9 February 1982 through 8 February 1985 and providing him a separation
document to reflect this change.
Richard T. Dunbar
______________________
CHAIRPERSON
INDEX
|CASE ID |AR20050003914 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20051208 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |(GRANT) |
|REVIEW AUTHORITY | |
|ISSUES |102/GCMDL |
|1.107.0056 | |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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