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 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'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.
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