IN THE CASE OF:
BOARD DATE: 28 October 2008
DOCKET NUMBER: AR20080013243
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 Army Good Conduct Medal (AGCM) with Clasp (2nd Award).
2. The applicant states, in effect, that he should have been awarded a second AGCM based on the fact he served honorably and there was no derogatory information or actions taken against him throughout his military service.
3. The applicant provides his separation document (DD Form 214) 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 applicants military records show he enlisted in the Regular Army and entered active duty on 5 August 1997. He was trained in, awarded, and served in military occupational specialty (MOS) 11B (Infantryman).
3. On 19 June 2000, Camp Casey Transition Center, Permanent Orders Number 171-001, awarded the applicant the AGCM for his qualifying period of honorable active duty service from 5 August 1997 through 4 August 2000.
4. The applicant continuously served on active duty until 4 July 2004, at which time he was honorably released from active duty (REFRAD) after completing a total of 6 years and 11 months of active military service. The DD Form 214 that he was issued shows he earned the following awards during his active duty tenure: Army Commendation Medal (3rd Award); Army Achievement Medal; AGCM; National Defense Service Medal; Korean Defense Service Medal; Global War on Terrorism Expeditionary Medal; Global War on Terrorism Service Medal; Noncommissioned Officers Development Ribbon; Army Service Ribbon; Overseas Service Ribbon; Expert Marksmanship Qualification Badge with Rifle Bar; Expert Infantryman Badge; Air Assault Badge; and the Army Lapel Button. The AGCM with Clasp (2nd Award) is not included in this list of awards.
5. The applicants Official Military Personnel File (OMPF) is void of any derogatory information or of a unit commander disqualification that would have precluded him from receiving the second award of the AGCM.
6. Army Regulation 600-8-22 (Military Awards) contains the Armys awards policy. Chapter 4 prescribes the policy for award of the AGCM. It states, in pertinent part, that the AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service. The normal qualifying period is 3 years and that a clasp is authorized for wear on the AGCM to denote a second or subsequent award. Although there is no automatic entitlement to the AGCM, disqualification must be justified.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that he should have received a second award of the AGCM was carefully considered and found to have merit.
2. The evidence of record confirms that subsequent to the applicants receipt of his first AGCM, he served an additional 3 years and 11 months until he was honorably REFRAD on 4 July 2004. Therefore, absent any evidence of derogatory information or of a unit commander disqualification that would have precluded him from receiving the 2nd Award of the AGCM, it would be appropriate and serve the interest of justice and equity to award him the AGCM with Clasp (2nd Award) for his second period of qualifying honorable active duty service from 5 August 2000 through 4 August 2003, and to add this award to his record and separation document at this time.
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 awarding him the Army Good Conduct Medal with Clasp (2nd Award) for his second qualifying period of honorable active duty service from 5 August 2000 through 4 August 2003; and by providing him a correction to his DD Form 214 that includes this award.
_______ _ 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) AR20080013243
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20080013243
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2008 | 20080016082
Application for correction of military records (with supporting documents provided, if any). Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the AGCM for his qualifying period of honorable service from 11 August 1999 to 10 August 2002; b. adding the AGCM, GWOTEM, and GWOTSM to Item 13 of his DD Form 214; and c. providing him a...
ARMY | BCMR | CY2010 | 20100018998
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the Global War on Terrorism Service Medal (GWOTSM), the Iraq Campaign Medal (ICM) with two bronze service stars, and two awards of the Army Achievement Medal (AAM). His DD Form 214 shows he served in an area of eligibility during a period of qualifying service for the GWOTSM and the ICM with two bronze service stars. As a result, the Board recommends that all Department of...
ARMY | BCMR | CY2012 | 20120013220
The applicant requests award of the Army Good Conduct Medal (AGCM) 2nd Award and that the Army Commendation Medal (ARCOM) 2nd Award and Army Achievement Medal (3rd Award) be added to her 1 July 2004 DD Form 214 (Certificate of Release of Discharge from Active Duty). She also provides a DA Form 638 that show he was awarded the ARCOM (1st Award) for meritorious service during the period 15 September 2000 through 11 January 2002; and a DA Form 638 that, notwithstanding the error in the...
ARMY | BCMR | CY2008 | 20080005858
Therefore, he met the requirements for entitlement of the GWOTEM in support of Operation Enduring Freedom from (October 2002 to March 2003, as indicated on his NCOER). Therefore, the applicant is entitled to correction of his DD Form 214 to show this service medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting the Army Good Conduct Medal and adding the Army Good Conduct Medal (2nd Award), for his qualifying...
ARMY | BCMR | CY2014 | 20140020466
The applicant requests award of the Combat Action Badge (CAB) and the Army Good Conduct Medal (AGCM) (2nd Award), and correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show one bronze service star for wear on his Afghanistan Campaign Medal (ACM), two bronze service stars for wear on his Iraq Campaign Medal (ICM), and marksmanship badges. Therefore, it would be appropriate to award him the AGCM (2nd Award) for his qualifying period of honorable active...
ARMY | BCMR | CY2010 | 20100030158
The applicant provides copies of his DD Forms 214 (Certificate of Release or Discharge from Active Duty) for the period ending 26 January 2002 and 24 April 2006. The applicant enlisted in the Regular Army on 27 January 1998 for a period of 4 years under the airborne/infantry training option. He was promoted to the rank/grade of sergeant (SGT)/E-5 on 9 November 2000 and continued to serve in Italy until he was honorably released from active duty (REFRAD) on 26 January 2002 due to completion...
ARMY | BCMR | CY2011 | 20110018320
He states upon completion of out-processing from the Army, the AGCM (3rd Award) appeared on his Enlisted Record Brief (ERB). His record does not contain orders for the second or third awards of the AGCM; however, his ERB, which is dated after his discharge, shows he was awarded the AGCM (3rd Award). As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. amending Permanent Order 336-122 to show the period of service 11 July...
ARMY | BCMR | CY2011 | 20110021130
He had served 3 years, 6 months, and 11 days of active service and his DD Form 214 issued at the time of his REFRAD shows that he was awarded the Army Commendation Medal (2nd Award), Army Achievement Medal, National Defense Service Medal, Army Service Ribbon, and his marksmanship badge. Therefore, in the interest of justice, this error should be corrected by awarding the applicant the AGCM (1st Award) and correcting his DD Form 214 to show this award. As a result, the Board recommends that...
ARMY | BCMR | CY2005 | 20050005530C070206
The evidence of record confirms the applicant was awarded the NATO Medal for his 6 months and 15 days of service in Kosovo from 7 December 1999 through 21 June 2000. The record also shows the applicant was awarded the ARCOM for his 7 months and 1 day of service in Iraq in support of Operation Iraqi Freedom from 20 June 2003 through 10 January 2004. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. revoking 13th Corps...
ARMY | BCMR | CY2006 | 20060012759C071029
The applicant states, in effect, that he is entitled to the GWOTEM based on his combat service in Afghanistan and that the ARCOM he was awarded was not included in the list of awards contained in Item 13 of his DD Form 214. The evidence of record confirms the applicant received two awards of the ARCOM for meritorious service, and based on his 3 years of active duty service, which included 4 months and 25 days of service in the authorized AOE of Afghanistan, he is entitled to both the GWOTSM...