IN THE CASE OF:	  

	BOARD DATE:	  
	DOCKET NUMBER:  AR20080001532 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that he be awarded the Good Conduct Medal. 

2.  The applicant states, in effect, that per Army Regulation 600-8-22, he should be awarded the Army Good Conduct Medal.  He was released early on terminal leave recommended by his first sergeant at that time. 

3.  In support of his request, the applicant provides a personal letter.  He states that he was in a tank unit in Kirchgoens, West Germany, in the spring of 1983 and had not made up his mind to reenlist or get out by April 1983.  He told the first sergeant when he made his decision that he would not reenlist and would remain until his release date.  The first sergeant told him that he should re-up and not get out right away.  He told him that he was not going to and that he would remain until June 1983.  A few weeks later, the first sergeant started pushing him to take terminal leave and billed it as an early out and that he would receive a paycheck later while he was at home.  He was on his first enlistment and very naïve and agreed to take the terminal leave.  

4.  After a few months of being discharged, he began to look for his Good Conduct Medal, but it never came.  He took the matter to the first sergeant of the National Guard unit in Yakima, Washington, which he had joined.  His first sergeant told him that based on his DD Form 214 (Certificate of Release or Discharge from Active Duty) that he did not have three consecutive years and was short 9 days. 

5.  He accepted that answer and went on but always had a nagging feeling that he had been wronged for not being awarded the Good Conduct Medal.  He spent the majority of his adult life in the Marines Corps.  He later researched the regulation and discovered that he should have been awarded the Good Conduct Medal prior to his early release on terminal leave.

6.  In support of his request, the applicant provides a copy of his DD Form 214 and a copy of an extract of Army Regulation 600-8-22.

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.  The applicant's record shows he enlisted in the Regular Army on 11 June 1980, for 3 years, with an established expiration term of service (ETS) of 10 June 1983.  He was trained as an Armor Crewman, in military occupational specialty (MOS), 19E.  He was promoted to specialist four (SP4/E-4) effective 1 November 1982.  He served until he was honorably released from active duty on 1 June 1983.  He completed 2 years, 11 months, and 21 days of active Federal service.

3.  The applicant’s DA Form 2-1 (Personnel Qualification Record – Part II), is unavailable for review.

4.  There is no evidence of derogatory information contained in the available records or on his OMPF (Official Military Personnel File).  There is no evidence the applicant was subjected to non-judicial punishment or courts-martial and that his commanders took action to deny him award of the Army Good Conduct Medal.

5.  A copy of the applicant’s approval for terminal leave is unavailable for review.


6.  On 15 April 1983, Orders 95-29 were published by United States Army Regional Personnel Center Geissen [West Germany] assigning the applicant to the US Army Transition Point with a reporting date of 8 June 1983 and date of release from active duty of 10 June 1983.  His availability date was 30 May 1983.

7.  Army Regulation 600-8-22 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.  For first award only, upon termination of service on or after 27 June 1950, of less than 3 years but more than 1 year.

8.  The same regulation states, in pertinent part, that a qualified person scheduled for separation from active Federal service should receive the award at their last duty station.  Such award is authorized up to 30 days before the Soldier’s departure en route to a separation processing installation in CONUS (Continental United States) or overseas.  Orders announcing such advance award will indicated the closing date for the award prefixed with date of separation, on or about, as the response to the "Dates or period of service" lead line.  For Soldiers who are granted terminal leave prior to retirement or ETS, orders awarding second and subsequent awards of the Army Good Conduct Medal may be issued up to 90 days before retirement or ETS date.  An award made for any authorized period of less than 3 years must be for the total period of obligated active Federal military service.  This applies to first award only.  All other awards of the Army Good Conduct Medal requires 3 full years of qualifying service.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence of derogatory information contained in the available records or on the applicant's OMPF (Official Military Personnel File).  There is no evidence the applicant was subjected to non-judicial punishment or courts-martial and that his commanders took action to deny him award of the Army Good Conduct Medal.

2.  The applicant contends that he agreed to take terminal leave; however, a copy of his terminal leave form is unavailable for review.  It is noted that he completed 2 years, 11 months, and 21 days of active Federal service and was short 9 days of completing 3 years of active Federal service.  It is apparent or presumed that his terminal leave was for approximately 9 days. 

3.  According to regulation, the applicant should have been awarded the first award of the Army Good Conduct Medal prior to his ETS/departure on terminal leave to CONUS for final outprocessing.  It appears this action did not occur due to an apparent administrative oversight. 

4.  The applicant is eligible for award of the first award of the Army Good Conduct Medal for the period 11 June 1980 to 1 June 1983.  He is therefore entitled to correction of his DD Form 214 to show this award.

BOARD VOTE:

___x____  ___x____  ___x____  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 applicant the Good Conduct Medal for the period 11 June 1980 to 1 June 1983, and adding this award to his DD Form 214.



      __________x_____________
      	CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20080001532



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ABCMR Record of Proceedings (cont)                                         AR20080001532



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