IN THE CASE OF:
BOARD DATE: 17 September 2008
DOCKET NUMBER: AR20080010010
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 Army Good Conduct Medal.
2. The applicant states that he did not receive the Army Good Conduct Medal that he was eligible for based on his type of discharge and his time in service (TIS). Based on Army Regulation 600-8-22, paragraph 4-5c, he found that personnel who had completed less than 3 years, but more than 1 year of service after 27 June 1950 were eligible for the Army Good Conduct Medal.
3. The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 11 November 1994; his DA Form 638 (Recommendation for Award), dated 8 February 1994; his Permanent Orders 010-02, dated 13 May 1994, which awarded him the Expert Infantryman Badge; his DD Form 214 for the period ending 29 October 2007; his DD Form 214 for the period ending 2 May 2006; and his National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service).
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 enlisted in the Regular Army on 23 July 1992 for a period of 2 years and 16 weeks. At the completion of one station unit training at Fort
Benning, Georgia, he was awarded military occupational specialty 11M (fighting vehicle infantryman).
3. He was promoted to specialist on 1 September 1993 and has no record of disciplinary actions. There is no evidence he was disqualified by his chain of command from receiving the first award of the Army Good Conduct Medal.
4. Headquarters, 2nd Brigade, 2nd Armored Division, Fort Hood, Texas, Permanent Orders Number 010-02, awarded the applicant the Expert Infantryman Badge for the period of service from 2 May 1994 to 13 May 1994.
5. The applicant was honorably released from active duty on 11 November 1994 at the completion of required active service. At the time of his separation, he had completed 2 years, 3 months, and 19 days of active military service with no days of lost time.
6. His DD Form 214 for the period ending 11 November 1994 shows the National Defense Service Medal, the Army Service Ribbon, the Expert Marksmanship Qualification Badge with Grenade Bar, the Marksman Marksmanship Qualification Badge with Rifle Bar, and the Army Lapel Button as authorized awards. He subsequently served in the Army National Guard and is currently serving in the Army National Guard in the rank of first lieutenant.
7. Army Regulation 672-5-1, in effect at the time, provided policy and criteria concerning individual military decorations. It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year. At the time, a Soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant enlisted in the Regular Army on 23 July 1992 and was released from active duty and transferred to a U.S. Army Reserve (USAR) unit at Bowling Green, Ohio on 11 November 1994.
2. There is no evidence of record which shows the applicant was disqualified from receiving the first award of the Army Good Conduct Medal for the period 23 July 1992 through 11 November 1994. The applicant did not receive any disciplinary actions and was promoted to specialist during this period of service.
3. It appears that the applicant has met the requirements for the first award of the Army Good Conduct Medal for the period 23 July 1992 through 11 November 1994.
4. Permanent orders show the applicant was awarded the Expert Infantryman Badge. Therefore, this badge should be added to his DD Form 214 for the period ending 29 October 2007.
BOARD VOTE:
___xx___ ___xx___ __xx____ 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 first award of the Army Good Conduct Medal for the period 23 July 1992 through 11 November 1994; and
b. adding the Army Good Conduct Medal and the Expert Infantryman Badge to his DD Form 214 for the period ending 29 October 2007.
________xxxx__________
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) AR20080010010
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