RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 24 May 2007
DOCKET NUMBER: AR20060016885
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. Gerard W. Schwartz
Acting Director
Ms. Wanda L. Waller
Analyst
The following members, a quorum, were present:
Mr. Ronald Weaver
Chairperson
Mr. Jeffrey Redmann
Member
Mr. David Tucker
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.
2. The applicant states that the Good Conduct Medal was not awarded during his three-year active duty time.
3. The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty); an Honorable Discharge Certificate; and orders and an award certificate for the Army Achievement Medal for the period 21 January 1986 through 20 January 1989.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error which occurred on 20 January 1989. The application submitted in this case is dated 23 November 2006.
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 applicants failure to timely file.
3. The applicant enlisted on 21 January 1986 for a period of 3 years. He served as a cavalry scout and was released from active duty in the rank of specialist on 20 January 1989 after completing 3 years of creditable active service with no time lost and no record of any disciplinary actions taken against him.
4. The applicants DD Form 214 does not show the Good Conduct Medal as an authorized award.
5. There is no evidence the applicant received the first award of the Good Conduct Medal. There also is no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal.
6. In support of his claim, the applicant provided orders for the Army Achievement Medal for meritorious service for the period 21 January 1986 through 20 January 1989.
7. Army Regulation 600-8-22 (Military Awards) 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 was released from active duty in the rank of specialist after completing 3 years of honorable active service with no time lost and no record of any disciplinary actions taken against him. Therefore, it appears he met the eligibility criteria for the first award of the Good Conduct Medal based on completion of a period of qualifying service of three years from 21 January 1986 through 20 January 1989.
2. Records show the applicant should have discovered the alleged error now under consideration on 20 January 1989; therefore, the time for the applicant to file a request for correction of any error expired on 19 January 1992. The applicant did not file within the 3-year statute of limitations; however, based on the available evidence, it would be in the interest of justice to excuse failure to timely file in this case.
BOARD VOTE:
RW_____ __JR___ _DT_____ 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 by:
a. awarding him the first award of the Good Conduct Medal for the period 21 January 1986 through 20 January 1989; and
b. amending his DD Form 214 to add the Good Conduct Medal.
___Ronald Weaver______
CHAIRPERSON
INDEX
CASE ID
AR20060016885
SUFFIX
RECON
DATE BOARDED
20070524
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
GRANT
REVIEW AUTHORITY
ISSUES 1.
107.0056
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3.
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6.
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