Search Decisions

Decision Text

ARMY | BCMR | CY2008 | 20080009454
Original file (20080009454.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:	        28 AUGUST 2008

		DOCKET NUMBER:  AR20080009454 


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 essentially states that the Good Conduct Medal should have been added to his DD Form 214 (Certificate of Release or Discharge from Active Duty), because he had not been in any trouble during his 3 years on active duty in the Army.

3.  The applicant provides his DD form 214 in support of this application.

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 military records show that he enlisted in the Regular Army on 24 June 1980.  He completed initial entry training and was awarded military occupational specialty (MOS) 11C (Indirect Fire Infantryman).  He then departed for a tour in Germany on 9 October 1980, and served with Company B, 2nd Battalion, 6th Infantry, Berlin Brigade.  He was awarded the Army Achievement Medal for his service in Germany, and returned to the continental United States on 4 April 1982.  He was then reassigned to Fort Knox, Kentucky, where he served until he was honorably released from active duty on 23 June 1983.  The DD Form 214 that he was issued at the time of his release from active duty shows that he was awarded the Army Achievement Medal, the Army of Occupation Medal, the Army Service Ribbon, the Overseas Service Ribbon, the Expert Marksmanship Qualification Badge with Grenade Bar, the First Class Gunner Marksmanship Badge with Mortar Bar, and the Marksman Marksmanship Qualification Badge with Rifle Bar.  

3.  The applicant's military records do not show that he was awarded the Good Conduct Medal.  However, he served on continuous active duty in an enlisted status from 24 June 1980 through 23 June 1983, and there is no derogatory information in his military records which could be a disqualifying factor in awarding him the Good Conduct Medal for this period of service.  His military records also show that he progressed in rank and pay grade from private/E-1 to sergeant/E-5 in less than 3 years, and that he was awarded the Army Achievement Medal.  He also received a letter of commendation, and his Official Military Personnel File (OMPF) contains his lone Enlisted Evaluation Report, which was excellent.

4.  Army Regulation 600-8-22 (Military Awards) provides that the Good Conduct Medal is awarded to Soldiers who distinguishes himself or herself from among his or her fellow Soldiers by their exemplary 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.  Throughout a qualifying period, each enlisted Soldier must, among other requirements, conduct themselves in such an exemplary manner as to distinguish them from their fellow Soldiers.  In terms of job performance, the Soldier's efficiency must be evaluated and must meet all requirements and expectations for that Soldier's grade, MOS, and experience.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he should be awarded the Good Conduct Medal. 

2.  The applicant served on continuous active duty in an enlisted status from 
24 June 1980 through 23 June 1983, and there is no derogatory information in his military records which could be a disqualifying factor in awarding him the Good Conduct Medal for this period of service.  His military records also show that he progressed in rank and pay grade from private/E-1 to sergeant/E-5 in less than 3 years, and that he was awarded the Army Achievement Medal.  He also received a letter of commendation, and his OMPF contains his lone Enlisted Evaluation Report, which was excellent.  In view of the foregoing, it would be appropriate at this time to award him the Good Conduct Medal for the period 
24 June 1980 to 23 June 1983, and to correct his military records to show the award of the Good Conduct Medal.

BOARD VOTE:

__XXX __  __XXX__  __XXX__   GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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 him the Good Conduct Medal for the period 24 June 1980 to 23 June 1983 while serving as a sergeant.

2.  The Board wants to thank the applicant for the sacrifices he made in service to the United States.  The applicant and all Americans should be justifiably proud of his honorable service in arms.




      ___        XXX                ___
                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)                                         AR20080009454



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080009454



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2008 | 20080004553

    Original file (20080004553.txt) Auto-classification: Approved

    IN THE CASE OF: BOARD DATE: 11 SEPTEMBER 2008 DOCKET NUMBER: AR20080004553 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. A review of the applicant's records show that he served in Korea during the eligibility period for award of the Korea Defense Service Medal. Army Regulation 600-8-22 further states that the Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.

  • ARMY | BCMR | CY2014 | 20140019953

    Original file (20140019953.txt) Auto-classification: Approved

    For the first award only, the Army Good Conduct Medal is awarded upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year. In accordance with Army Regulation 600-8-22, he should be awarded the Army Good Conduct Medal (1st Award) for the period 19 June 1980 through 10 June 1983 and his DD Form 214 should be corrected to show this award. _______ _ __x_____ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings...

  • ARMY | BCMR | CY2008 | 20080010012

    Original file (20080010012.txt) Auto-classification: Approved

    The applicant provides his DD Form 214 (Certificate of Release for Discharge from Active Duty) that was issued at the time of his retirement on 30 September 1996, which will simply be referred to as his DD Form 214 throughout the remainder of these proceedings; his DD Form 214 (Report of Separation from Active Duty) for his active duty service from 15 June 1976 to 28 December 1978; a DA Form 638-1 (Recommendation for Award) and certificate which awarded him the Army Commendation Medal for...

  • ARMY | BCMR | CY2012 | 20120021686

    Original file (20120021686.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the: * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) * Army Good Conduct Medal * Army Achievement Medal (2nd Award) * Army Commendation Medal * Meritorious Service Medal 2. Although his conduct and efficiency ratings can't be determined from the available evidence, given his honorable service, foreign service tour completion, attainment of the rank/grade...

  • ARMY | BCMR | CY2005 | 20050016373C070206

    Original file (20050016373C070206.doc) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he was separated from active duty in pay grade E-4. Therefore, there is insufficient evidence to base correction of his DD Form 214 to show additional Expert Marksmanship Badges. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief and to excuse failure to timely file.

  • ARMY | BCMR | CY2010 | 20100020123

    Original file (20100020123.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). It is awarded to Active Army, Army National Guard, and U.S. Army Reserve Soldiers for successful completion of designated NCO professional development courses. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from item 13 of his DD Form 214 the "Overseas Service Ribbon" and "M16 Expert Badge" and b. adding to item 13...

  • ARMY | BCMR | CY2014 | 20140000656

    Original file (20140000656.txt) Auto-classification: Denied

    The applicant enlisted in the U.S. Army Reserve (USAR) on 28 January 1980 and was assigned to a troop program unit. His records contain a First U.S. Army (1AA) Form 509 (Request for Missing, Initial Issue, or Correction of DA Form 1383 (Annual or Terminal Statement of Retirement Points) for USAR Personnel), dated 12 June 1984, showing his unit commander verified he earned 15 membership points during the period 28 January 1982-27 January 1983. Although his records contain multiple documents...

  • ARMY | BCMR | CY2006 | 20060011311C071029

    Original file (20060011311C071029.doc) Auto-classification: Approved

    The applicant requests, in effect, that his final separation document (DD Form 214), dated 19 January 1984, be corrected by adding an Achievement Medal for 1984, the 2nd Award of the Army Good Conduct Medal (AGCM), an Expert Marksmanship Qualification Badge with Hand Grenade Bar, and the Food Service Primary Technical Course he completed. However, the evidence of record fails to show the applicant was awarded an achievement medal by proper authority while serving on active duty. As a...

  • ARMY | BCMR | CY2005 | 20050007424C070206

    Original file (20050007424C070206.doc) Auto-classification: Approved

    The applicant's DD Form 214 shows he completed the Motor Sergeant Course in 1985. Therefore, there is no need to correct his DD Form 214 to show these courses. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief and to excuse failure to timely file.

  • ARMY | BCMR | CY2013 | 20130008308

    Original file (20130008308.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show: * the Driver and Mechanic Badge with Driver Bar * the Basic Leadership School Ribbon, i.e., the Noncommissioned Officer (NCO) Professional Development Ribbon * the rank/grade of sergeant (SGT)/E-5 2. The applicant provides: * DD Form 214 * DD Form 4 (Enlistment or Reenlistment Agreement - Armed Forces of the United States) * DA Form 2A (Personnel Qualification Record - Part...