RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  8 May 2008
	DOCKET NUMBER:  AR20070017523 


	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:




Chairperson



Member



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, in effect, correction of his Certificate of Release or Discharge from Active Duty (DD Form 214) to show award of the Army Good Conduct Medal.

2.  The applicant states, in effect, that the Army Good Conduct Medal has not been added to his records making him ineligible to wear it on his uniform.

3.  The applicant provides a copy of his DD Form 214.

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 applicant’s 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 applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  At the time of his application, the applicant was a mobilized officer, serving in the rank of captain, United States Army Reserve.

3.  On 1 June 1999, the applicant was commissioned as a second lieutenant, Finance Corps, United Stated Army Reserve.  He was subsequently ordered to active duty for a period of 4 years.

4.  Records show that the applicant served on active duty as a Finance Corps officer at Fort Carson, Colorado from 1 July 2000 to 14 July 2002; and at Fort Jackson, South Carolina from 15 July 2002 until his release from active duty on 10 July 2003.

5.  Records show that the Commander, Fort Carson, Colorado, awarded the applicant the Army Commendation Medal for Meritorious Service for the period from 5 July 2000 to 9 July 2002.  

6.  Records show that the Commander, Soldier Support Institute, awarded the applicant the Army Commendation Medal for Meritorious service for the period from 19 July 1999 to 10 July 2003.  

7.  On 10 July 2003, the applicant was released from active duty and transferred to the United States Army Reserve Control Group (Reinforcement).   He had attained the rank of captain, pay grade O-3 and had completed 4 years and 
28 days of creditable active duty.  

8.  Item 12 (Record of Service) of the applicant’s DD Form 214 shows that he had no military service prior to this period of active duty.

9.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 lists the National Defense Service Medal, Meritorious Service Medal, Army Service Ribbon, and the Parachutist Badge.  It does not show the Army Good Conduct Medal or his two Army Commendation Medals.

10.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Army Good Conduct Medal is awarded to enlisted Soldiers who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  The current standard for award of the Army Good Conduct Medal is 3 years of qualifying service, but as little as one year is required for the first award in those cases when the period of service ends with the termination of active Federal military service.  Denial requires the commander’s disqualifying comments. 

11.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Global War on Terrorism Service Medal.  This award is designated for Soldiers who have participated in or served in support of Global War on Terrorism Operations outside of the designated area of eligibility determined for award of the Global War on Terrorism Expeditionary Medal on or after 11 September 2001 to a date to be determined.  All Soldiers on active duty, including Reserve Component Soldiers mobilized or National Guard Soldiers activated, on or after 11 September 2001 to a date to be determined having served 30 consecutive days or 60 nonconsecutive days are authorized this award.  

12.  Army Regulation 600-8-22 provides, in pertinent part, that an Oak Leaf Cluster is to be affixed to the Army Commendation Medal to denote each subsequent award. 


DISCUSSION AND CONCLUSIONS:

1.  The Army Good Conduct Medal is awarded to distinguished enlisted Soldiers who have met the service requirement.  The applicant served on active duty as a commissioned officer.  He had no enlisted service.  Therefore, his request for award of the Army Good Conduct Medal should be denied.

2.  Records show that the applicant served a qualifying period for award of the Global War on Terrorism Service Medal.  Therefore his records should be corrected to show this award.

3.  Records show that the applicant was awarded two Army Commendation Medals.  Therefore, his records should be corrected to show these awards.

4.  Evidence shows that the applicant’s records contain administrative error which does not require action by the Board.  Therefore, administrative correction of the applicant’s records will be accomplished by the Case Management Support Division (CMSD), St. Louis, Missouri, as outlined by the Board in paragraph 2 of the BOARD DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X____  ___X____  ____X___  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.  The Board determined that administrative error in the records of the individual concerned should be corrected.  Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned by showing, that in additional to the awards shown on his DD Form 214, that his awards include the Army Commendation Medal with one Oak Leaf Cluster, and the Global War on Terrorism Service Medal.





      __________X____________
                CHAIRPERSON
ABCMR Record of Proceedings (cont)                                         AR20070017523



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DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET 2ND FLOOR
ARLINGTON, VA  22202-4508