RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 15 April 2008
DOCKET NUMBER: AR20070012808
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.
Director
Analyst
The following members, a quorum, were present:
M
Chairperson
M
Member
M
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 Army Good Conduct Medal (AGCM) (First Award) for the period 3 March 1982 through 2 March 1985.
2. The applicant states, in effect, that he had no derogatory actions against him and that he was in good standing for the 3 year period in question.
3. The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty).
CONSIDERATION OF EVIDENCE:
1. 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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant served in the Regular Army from 3 March 1982 through
14 February 1986. He was honorably released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) after completing 3 years, 10 months, and 29 days of active duty service. The applicant is currently a sergeant first class/E-7 in the USAR.
3. A review of the applicant's available records on the Interactive Personnel Electronic Records Management System (iPerms) reveals that he had no derogatory entries in his record from 3 March 1982 through 2 March 1985.
4. On 22 August 1985, the applicant accepted nonjudicial punishment (NJP) under the provisions of Article 15 of the Uniform Code of Military Justice for being absent without leave (AWOL) from 23 July 4 August 1985. His punishment consisted of a reduction to private first class/E-3 (suspended until 18 February 1986), a forfeiture of $168.00 pay per month for one month, and 14 days of extra duty.
5. On 24 September 1985, the applicant was promoted to sergeant (SGT)/E-5.
On 2 October 1985, the applicant's promotion was revoked.
6. Army Regulation 600-8-22 (Military Awards) provides 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that he is entitled to the AGCM (First Award) for the period 3 March 1982 through 2 March 1985.
2. The applicant served in the Regular Army from 3 March 1982 through
14 February 1986. There are no derogatory entries in his official record during his first 3 years of service. He received NJP and his promotion was revoked months after the date he would have been eligible for award of the AGCM. He was honorably released from active duty, transferred to the USAR Control Group, and he currently serves as an SFC in the USAR.
3. Regulatory guidance provides that there is no automatic entitlement to the AGCM; however, disqualification of the award must be justified. Given that there is no evidence that he would have been disqualified for award of the AGCM on
2 March 1985, it appears equitable to award the applicant the AGCM (First Award) and correct his record to show this award.
BOARD VOTE:
__tsk___ __jlp___ __dwt___ 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. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding the AGCM (First Award) for the period 3 March 1982 through
2 March 1985 and showing this award on his DD Form 214, with an effective date of 14 February 1986.
TSK
______________________
CHAIRPERSON
ABCMR Record of Proceedings (cont) AR20070012808
2
DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET 2ND FLOOR
ARLINGTON, VA 22202-4508
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