IN THE CASE OF:
BOARD DATE: 7 July 2009
DOCKET NUMBER: AR20090003703
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 Good Conduct Medal.
2. The applicant states he did not receive the Good Conduct Medal after completing three years of honorable service.
3. The applicant provides a copy of the DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 27 September 1982, in support of his request.
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 records show he enlisted in the Regular Army for a period of 3 years on 28 September 1979. He completed basic combat and advanced individual training and was awarded military occupational specialty 95B (Military Police). He was honorably released from active duty in the rank/grade of specialist four (SP4)/E-4 on 27 September 1982 and transferred to the U.S. Army Reserve Control Group (Reinforcement) for completion of his military service obligations.
3. Item 13 (Decoration, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the Army Service Ribbon, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), the Expert Marksmanship Qualification Badge with Grenade Bar, the Marksman Marksmanship Qualification Badge with Pistol Bar, and the Army Achievement Medal. Item 13 does not show award of the Army Good Conduct Medal.
4. There are no orders in the applicant's records that show he was awarded the Army Good Conduct Medal.
5. A review of the applicant's service record shows no derogatory information in the form of lost time, nonjudicial punishment, or suspension of favorable personnel actions that would disqualify him for the first award of the Army Good Conduct Medal.
6. Army Regulation 600-8-22 (Military Awards) provides that the 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. This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service. Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that he should be awarded the Good Conduct Medal.
2. The evidence of record confirms that the applicant served honorably during the period from 28 September 1979 through 27 September 1982. He attained the rank of SP4/E-4 and was awarded an achievement medal. Furthermore, his record is void of any lost time, nonjudicial punishment, or suspension of favorable personnel actions. Lacking any derogatory information on file that would have disqualified him, it would be appropriate to award the applicant the first award of the Army Good Conduct Medal based on completion of qualifying service ending with the termination of a period of Federal military service and correct his records to show this award.
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 Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period from 28 September 1979 through 27 September 1982 and adding this award to 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) AR20090003703
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20090003703
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2014 | 20140002062
The applicant requests award of the Army Good Conduct Medal and correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show this award. Therefore, it would be appropriate to award him the first award of the Army Good Conduct Medal based on completion of a qualifying period of Federal military service and correct his DD Form 214 to show this award. As a result, the Board recommends that all Department of the Army records of the individual concerned be...
ARMY | BCMR | CY2011 | 20110014559
The applicant requests award of the Overseas Service Ribbon and correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show this award and the Army Achievement Medal. 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 (1st Award) for exemplary behavior, efficiency, and fidelity during the period 4 October 1979 through 3 October 1982 * adding the...
ARMY | BCMR | CY2013 | 20130021369
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Army Good Conduct Medal. A review of the applicant's service record shows no derogatory information in the form of time lost, nonjudicial punishment, or suspension of favorable personnel actions which would disqualify him for the Army Good Conduct Medal (1st Award). As a result, the Board recommends that all Department of the Army records of the individual...
ARMY | BCMR | CY2013 | 20130013253
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the Army Achievement Medal and issuance of the medal. Army Regulation 600-8-22 (Military Awards) states 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. As a result, the Board recommends that all Department of the Army records of the...
ARMY | BCMR | CY2012 | 20120008772
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show two awards of the Army Commendation Medal and a second award of the Army Good Conduct Medal. In the absence of any derogatory information on file that would have disqualified him, it would be appropriate to award him a second award of the Army Good Conduct Medal based on completion of a qualifying period of active Army service and correcting his DD Form 214 to show this award....
ARMY | BCMR | CY2014 | 20140014406
The applicant requests correction to his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the: * Army Service Ribbon (ASR) * Overseas Service Ribbon (OSR) * Army Good Conduct Medal (AGCM) * Expert Marksmanship Qualification Badge with Rifle Bar (M16) * all other awards authorized or awarded 2. Service medals and awards are not issued by the Army Board for Correction of Military Records (ABCMR). As a result, the Board recommends that all Department of the Army...
ARMY | BCMR | CY2012 | 20120007960
Army Regulation 600-8-22 (Military Awards) states 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. In the absence of any other derogatory information on file that would have disqualified him, it would be appropriate to award him the first award of the Army Good Conduct Medal (1st Award) based on completion of a qualifying period of active Army service and...
ARMY | BCMR | CY2009 | 20090012669
A review of the applicant's service record shows no derogatory information in the form of nonjudicial punishment, lost time, or suspension of favorable personnel action that would have disqualified her for the first award of the Army Good Conduct Medal. Lacking any derogatory information on file that would have disqualified her, it would be appropriate to award the applicant the first award of the Army Good Conduct Medal based on completion of qualifying service ending with the termination...
ARMY | BCMR | CY2013 | 20130001803
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to properly reflect his temporary assignment with the 24th Infantry Division while he was serving his country in Iraq during Operation Desert Storm from 24 February to 1 March 1991. The evidence of record confirms the applicant served honorably on active duty during the period 28 August 1986 through 27 May 1991. As a result, the Board recommends that all Department of the Army...
ARMY | BCMR | CY2014 | 20140014738
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the Jungle Expert Badge, Humanitarian Service Medal, Army Good Conduct Medal, Soldier of the Month, and Soldier of the Year. There is no evidence in his available military records indicating he was awarded the Jungle Expert Badge or the Army Good Conduct Medal. There is no evidence in his military records that indicates he was awarded the Jungle Expert Badge or Soldier of the...