IN THE CASE OF:
BOARD DATE: 24 June 2008
DOCKET NUMBER: AR20080001952
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 correction of his military records to show award of the Army Good Conduct Medal.
2. The applicant states, in effect, that he was not issued the Army Good Conduct Medal when separated from active duty in 1984.
3. The applicant provides a copy of his Certificate of Release or Discharge from Active Duty (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 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. On 14 January 1981, the applicant enlisted in the Regular Army. He completed his initial training and was awarded military occupational specialty (MOS) 64C (Motor Transport Operator).
3. Permanent Orders 119-7, I-Corps and Fort Lewis, Washington, dated 22 June 1982, awarded the applicant the Driver and Mechanic Badge with Driver-W Bar.
4. On 9 December 1982, the applicant was promoted to specialist four, pay grade E-4.
5. On 13 January 1984, the applicant was released from active duty. He had completed 3 years of active duty service. His characterization of service was honorable. He was fully eligible for reenlistment.
6. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or authorized) list the Army Service Ribbon, Overseas Service Ribbon, Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and the Marksman Marksmanship Qualification Badge with Grenade Bar. It does not show the Army Good Conduct Medal or the Driver and Mechanic Badge with Driver-W Bar.
7. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Army 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. 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 commanders disqualifying comments.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record clearly shows that the applicant served a qualifying period of active duty service for an initial award of the Army Good Conduct Medal. There is no evidence of any misconduct by the applicant that would have disqualified him for this award. Furthermore, there is no evidence showing that his commander took any action to deny him this award. Therefore, he should be awarded the Army Good Conduct Medal.
2. Permanent orders show that the applicant was awarded the Driver and Mechanic Badge with Driver-W Bar. Therefore, his records should be corrected 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:
a. awarding him the Army Good Conduct Medal for the period from 14 January 1981 to 13 January 1984; and
b. showing that in addition to the awards already shown on his DD Form 214, that his awards include the Army Good Conduct Medal and the Driver and Mechanic Badge with Driver-W Bar.
__________ _ 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) AR20070016793
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ABCMR Record of Proceedings (cont) AR20080001952
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