IN THE CASE OF:
BOARD DATE: 26 August 2008
DOCKET NUMBER: AR20080009910
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 received an honorable discharge and served with pride. He feels that he should have been awarded the Army Good Conduct Medal.
3. The applicant provides copies of his Certificate of Release or Discharge from Active Duty (DD Form 214); a Disposition Form; letter of recommendation, dated 28 August 1986; Orders discharging him from the United States Army Reserve, dated 28 February 1990; and his Honorable Discharge Certificate, dated 6 March 1990.
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 7 March 1984, the applicant enlisted in the Regular Army for 3 years in the rank of private first class, pay grade E-3. He completed his initial training and was awarded military occupational specialty (MOS) 11B (Infantryman).
3. On 10 September 1984, the applicant was assigned duty as a rifleman with the 3rd Battalion, 7th Infantry Regiment, 197th Infantry Brigade, at Fort Benning, Georgia.
4. On 7 March 1985, the applicant was promoted to the rank of specialist four, pay grade E-4.
5. Permanent Orders 27-15, 197th Infantry Brigade, dated 20 March 1985, awarded the applicant the Army Achievement Medal for meritorious achievement during the period from 11 January to 10 February 1985.
6. A Disposition Form, dated 10 July 1985, shows the applicant was appointed an Acting Sergeant.
7. The applicant has provided a copy of a letter written by his former executive officer, dated 28 August 1986. It described the applicant as an exceptional worker who was industrious, thorough, and extremely conscientious. He possessed a vast reservoir of knowledge concerning all facts of maintenance. The executive officer strongly recommended the applicant for any position of increased responsibility.
8. On 12 February 1987, the applicant was released from active duty and transferred to the United States Army Reserve Control Group (Reinforcement). He had completed 2 years, 11 months and 6 days of creditable active duty. His characterization of service was honorable.
9. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicants DD Form 214 shows his awards as the Army Achievement Medal, Parachutist Badge, First Class Qualification Badge [Sharpshooter] with Grenade and Gunner Bars, and the Army Service Ribbon. It does not show award of the Army Good Conduct Medal.
10. A review of the applicants records showed no evidence that he had received any disciplinary action.
11. On 6 March 1990, the applicant was discharged from the United States Army Reserve and issued an Honorable Discharge Certificate.
12. 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:
The evidence of record clearly shows that the applicant served a qualifying period of time for an initial award of the Army Good Conduct Medal. 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.
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 the applicant the Army Good Conduct Medal for the period from 7 March 1984 to 12 February 1987; and
b. showing, in addition to the awards already shown on his DD Form 214, that his awards include the Army Good Conduct Medal.
__________ 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) AR20080009910
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