IN THE CASE OF:
BOARD DATE: 14 April 2009
DOCKET NUMBER: AR20080013617
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 the award of the Army Good Conduct Medal for his period of active service ending on 16 June 1995.
2. The applicant states he served almost 3 years in the Regular Army and he received the Army Commendation Medal and the Army Achievement Medal during this timeframe. He states he was never punished judicially or non-judicially during his period of active duty.
3. The applicant provides, in support of his application, copies of his
DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 16 June 1995 and award criteria for the award of the Army Good Conduct Medal taken from the internet.
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 personnel records show that after having served
1 year, 6 months, and 14 days in the Missouri Army National Guard he enlisted in the Regular Army on 15 October 1992. He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 31C (Single Channel Radio Operator).
3. There is no evidence in the applicant's Military Personnel Records Jacket (MPRJ) that he was disqualified by his chain of command from receiving the Army Good Conduct Medal. His records do not contain any records of court-martial or instances of non-judicial punishment. There is no record of time lost.
4. On 16 June 1995, the applicant was released from active duty by reason of hardship and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation. He had completed 2 years, 8 months, and 2 days of active service that was characterized as honorable. Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicants DD Form 214 does not show the applicant was awarded the Army Good Conduct Medal. However, item 13 does show he was awarded the Army Commendation Medal and the Army Achievement Medal.
5. Army Regulation 600-8-22 (Military Awards) states, 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. After 27 June 1950, to the present time, the current standard for award of the Army Good Conduct Medal is 3 years of qualifying service, but as little as 1 year is required for the first award in those cases when the period of service ends with the termination of active enlisted Federal military service. Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified. In the instances of disqualification as determined by the unit commander, the commander will prepare a statement of rational for his or her decisions.
DISCUSSION AND CONCLUSIONS:
1. There is no evidence the applicant received the first award of the Army Good Conduct Medal. There is no evidence the applicant was disqualified by his
chain of command from receiving the Army Good Conduct Medal. Records do not show indiscipline or lost time. His records also do not contain any adverse information.
2. In the absence of evidence showing disqualification, it is appropriate to award the applicant the first award of the Army Good Conduct Medal based on completion qualifying service from 15 October 1992 to 16 June 1995, ending with termination of a period of Federal military service of more than 1 year and less than 3 years. It would also be appropriate to add this award to item 13 of his DD Form 214.
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 the applicant the first award of the Army Good Conduct Medal for the period from 15 October 1992 to 16 June 1995 and to add this award to item 13 of his DD Form 214.
________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) AR20080013617
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ABCMR Record of Proceedings (cont) AR20080013617
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