IN THE CASE OF:
BOARD DATE: 19 August 2008
DOCKET NUMBER: AR20080009777
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 award of the Good Conduct Medal.
2. The applicant states that he was awarded the Good Conduct Medal in a ceremony during his military service. However, some of his records were lost and he no longer has the certificate or the medal. He ordered a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty), and noticed that the Good Conduct Medal is not listed on his record. He concludes that he earned and was awarded the medal for his three years of incident-free service. It was pinned on him by his sergeant and should be shown in his record.
3. The applicant did not provide any additional documentary evidence in support of his 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 records show he enlisted in the Regular Army for a period of 4 years on 18 January 1995. He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 19D (Cavalry Scout). He was honorably discharged for disability with severance pay on 21 January 1998. The highest rank/pay grade he attained during his military service was private first class (PFC)/E-3.
3. The applicants records further show that he served with the 1st Squadron, 16th Cavalry, Fort Knox, Kentucky, for the duration of his military service.
4. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214, dated 21 January 1998, shows he was awarded the National Defense Service Medal, the Army Service Ribbon, the Expert Marksmanship Qualification Badge with Grenade Bar, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar. Item 13 does not list award of the Good Conduct Medal.
5. Item 9 (Awards and Decorations) of the applicant's DA Form 2-1 (Personnel Qualification Record does not show award of the Good Conduct Medal.
6. There are no permanent orders in the applicant's records that show he was awarded the Good Conduct Medal.
7. Army Regulation 600-8-22 (Military Awards) 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.
DISCUSSION AND CONCLUSIONS:
The evidence of record shows that the applicant served honorably during the period 18 January 1995 to 21 January 1998. He completed 3 years and 4 days of faithful and honorable service. His record is void of any derogatory information that would have disqualified him from award of the Good Conduct Medal. Therefore, it would be appropriate to award the applicant the first award of the
Good Conduct Medal based on completion of qualifying service ending with the termination of a period of Federal military service and correct his records to show this award.
BOARD VOTE:
__xxx___ __xxx___ __xxx___ 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 (1st Award) for exemplary behavior, efficiency, and fidelity during the period 18 January 1995 to 17 January 1998.
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) AR20080009777
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ABCMR Record of Proceedings (cont) AR20080009777
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