IN THE CASE OF:
BOARD DATE: 18 November 2008
DOCKET NUMBER: AR20080014453
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, award of the Army Good Conduct Medal (AGCM).
2. The applicant states, in effect, that due to an administrative error which was not corrected prior to her release from active duty (REFRAD) she was not awarded the AGCM.
3. The applicant provides no documentation in support of her 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 record shows she enlisted in the Regular Army (RA) and entered active duty on 4 September 1997, and that she was trained in and awarded military occupational specialty (MOS) 96B (Intelligence Analyst).
3. The applicants Personnel Qualification Record (DA Form 2-1) shows in
Item 9 (Awards, Decorations & Campaigns) that she earned the following awards during her active duty tenure: Army Service Ribbon (ASR), Army Achievement Medal (AAM), Army Commendation Medal (ARCOM), Overseas Service Ribbon (OSR), and Marksman Marksmanship Qualification Badge with Rifle and Hand Grenade Bars. Item 18 (Appointments and Reductions) shows that she was promoted to specialist (SPC) on 1 June 1999, and that this is the highest rank she attained while serving on active duty. Item 18 contains no reduction entries.
4. The applicants Official Military Personnel File (OMPF) is void of any derogatory information or of a unit commander disqualification that would have precluded her from receiving the AGCM.
5. On 3 September 2001, the applicant was honorably released from active duty (REFRAD) in the rank of SPC after completing 4 years of active military service. The DD Form 214 she was issued shows she earned the ARCOM, AAM, ASR, and OSR.
6. Army Regulation 600-8-22 (Military Awards) contains the Armys awards policy. Chapter 4 contains guidance on the AGCM. It states, in pertinent part, that Ready Reserve enlisted personnel ordered to active duty under Title 10, USC are eligible to receive the AGCM. It further states that the normal qualifying period for award of the AGCM is 3 years; however, for the first award only, a period of more than 1 year is a qualifying period if awarded upon termination of service.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that her record should be corrected to show she was awarded the AGCM was carefully considered and found to have merit.
2. The applicants record is void of any derogatory information or a unit commander disqualification that would have precluded her from receiving the AGCM. As a result, it is concluded that she completed a qualifying period of honorable active duty service for award of the AGCM. Therefore, it would be appropriate to award her the AGCM for her qualifying period of honorable active duty service from 4 September 1997 through 3 September 2000, and to add this award to her record and separation document at this time.
3. The record also shows that the applicant earned the Marksman Marksmanship Qualification Badge with Rifle and Hand Grenade Bars, and that this badge was erroneously omitted from the list of awards contained on the applicants DD Form 214. Therefore, it would also be appropriate to add this badge to her 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:
a. awarding her the Army Good Conduct Medal for her qualifying period of honorable active duty service from 4 September 1997 through 3 September 2000;
b. showing her entitlement to the Marksman Marksmanship Qualification Badge with Rifle and Hand Grenade Bars; and
c. providing her a correction to her separation document that includes these awards.
_______ _ 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.
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