IN THE CASE OF:
BOARD DATE: 21 January 2009
DOCKET NUMBER: AR20080016949
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 was truly devoted to his duties and his conduct was excellent. He believes that he qualified for award of the Army Good Conduct Medal.
3. The applicant provides no supporting documents.
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 5 October 1983, the applicant enlisted in the Regular Army for 3 years. He completed his initial training and was awarded military occupational specialty 95B (Military Police).
3. On 2 March 1984, the applicant was assigned to military police duties with the 981st Military Police Company in the Federal Republic of Germany.
4. On 26 August 1985, the applicant returned to the United States for duty at Fort Jackson, South Carolina.
5. On 4 October 1986, the applicant was released from active duty and transferred to the 301st Military Police Company, San Juan, Puerto Rico, United States Army Reserve. He had attained the rank of sergeant, pay grade E-5, and had completed 3 years of creditable active duty service.
6. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his Certificate of Release or Discharge from Active Duty (DD Form 214) lists his awards as the Army Achievement Medal, Army Service Ribbon, Overseas Service Ribbon, Expert Marksmanship Qualification Badge with Grenade Bar, and Sharpshooter Marksmanship Qualification Badge with Rifle and Pistol Bars. It does not show award of the Army Good Conduct Medal.
7. 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 1 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:
1. The applicant contends that he qualified for award of the Army Good Conduct Medal but it was not awarded to him.
2. The applicants records clearly show that he distinguished himself in the performance of his military service by receiving a personal award and attaining the rank of sergeant. Therefore, it is presumed that his not receiving an Army Good Conduct Medal for his service was an oversight. Accordingly, he should be awarded this 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 him the Army Good Conduct Medal for the period from 5 October 1983 to 4 October 1986; and
b. showing that, in addition to the awards shown on his DD Form 214 for the period ending on 4 October 1986, his authorized 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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