DOCKET NUMBER: AR20090002486
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 she had 3 consecutive years of honorable service but was never awarded the Army Good Conduct Medal.
3. The applicant provides no additional evidence or official 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 applicant's military personnel records show she enlisted in the Regular Army on 15 February 2001 for a period of 3 years. She completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 92F (Petroleum Supply Specialist). She was promoted to specialist (SPC)/pay grade E-4 effective 1 March 2002.
3. The applicant served in Operation Iraqi Freedom from 13 April 2003 to 9 May 2003.
4. On 16 June 2004, the applicant was honorably discharged by reason of disability with severance pay. She had completed 3 years, 4 months, and 2 days of active service.
5. Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicants DD Form 214 (Certificate of Release or Discharge from Active Duty) shows she is authorized the National Defense Service Medal, Global War on Terrorism Expeditionary Medal, Global War on Terrorism Service Medal, and the Army Service Ribbon. Item 13 does not contain an entry for the Army Good Conduct Medal.
6. 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.
7. Army Regulation 600-8-22 states, in pertinent part, that the immediate unit commander's decision to award the Army Good Conduct Medal will be based on his or her personal knowledge and of the individual's official records for period of service under previous commander during the period for which the award is to be made. The lack of official disqualifying comment by such previous commanders qualifies the use of such period toward the award by the current commander.
DISCUSSION AND CONCLUSIONS:
1. The applicant completed her first 3-year period of service on 14 February 2004. There is no evidence the applicant received her first award of the Army Good Conduct Medal.
2. There is no evidence in the applicant's official military personnel file (OMPF) that she was disqualified by her chain of command from receiving the Army Good Conduct Medal. Her records do not contain any records of court-martial or instances of non-judicial punishment. There is also no record of time lost.
3. Therefore, in the absence of evidence showing disqualification, it is appropriate to award the applicant the Army Conduct Medal based on completion of qualifying service from 15 February 2001 to 14 February 2004. It would also be appropriate to add this award to item 13 of her 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 February 2001 to 14 February 2004 and adding this award to item 13 of her 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) AR20090002486
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