IN THE CASE OF:	  

		BOARD DATE:	       18 JUNE 2009

		DOCKET NUMBER:  AR20090003764 


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 Good Conduct Medal.

2.  The applicant states, in effect, he served from June 1976 through September 1986 in both an active and Reserve status and he was never awarded the Good Conduct Medal.  His first discharge document shows 3 years of creditable service with 4 days of lost time due to being absent without leave (AWOL).  The lost time was due to a family hardship.  He also states that he reenlisted in September 1979 and received an honorable discharge for this period of active duty service.  

3.  The applicant provides a copy of his DD Form 214 (Report of Separation from Active Duty) issued on 3 July 1979, his DD Form 214 (Certificate of Release or Discharge), issued on 9 September 1983, and discharge orders, dated 13 August 1986.

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 applicant’s 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 applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant enlisted in the U.S. Army Reserve (USAR) under the Delayed Entry Program on 17 December 1975 and he enlisted in the Regular Army on 
30 June 1976. 

3.  The record contains information that the applicant was considered AWOL from 18 through 21 August 1978.  There is no indication the applicant received any disciplinary action for the 4 days of lost time.  

4.  The applicant was released from active duty on 3 July 1979 under Army Regulation 635-200, Chapter 2 with a separation program designator of LBK (Completion of Required Active Service).  The DD Form 214, issued at this time, shows the applicant completed 3 years of creditable service with 4 days of lost time.  

5.  The record contains no indication that the applicant was considered disqualified for award of the Good Conduct Medal during this period of active service.

6.  The applicant enlisted in the USAR on 5 September 1979 and enlisted in the Regular Army on 10 September 1979.

7.  The applicant's enlisted evaluation reports show that he was rated an outstanding Soldier with exceptional ability and diligence during this period of service.  He was recommended for promotion, additional training, and positions of greater responsibility.

8.  A Disposition Form, dated 26 July 1983, shows the applicant, a sergeant/E-5, was eligible for the Good Conduct Medal (3rd award) for the period from 
"1 Jul 83 to 30 Jun 83" [sic].  This form states, in part, that the commander will check the individual’s military personnel record jacket for derogatory information before making the award.  


9.  The applicant was honorably released from active duty, on 9 September 1983, and transferred to the USAR Control Group (Reinforcement).  His DD Form 214 shows his awards as the Expert Marksmanship Qualification Badge with Rifle and Hand Grenade Bars, the Army Service Ribbon, the Overseas Service Ribbon, and the Air Assault Badge.

10.  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.  In instances of disqualification as determined by the unit commander, the commander will prepare a memorandum stating the rationale for his or her decision.  This memorandum will include the period of disqualification and will be referred to the individual.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant states he served from June 1976 through September 1986 in both active and Reserve components and he was never awarded the Good Conduct Medal.  

2.  The applicant served in the Regular Army during two separate periods.  The first period was from 30 June 1976 through 3 July 1979, this period included       4 days of AWOL, the lost time was made up, and there is no indication the applicant was punished for this period of absence.  Further, the record does not contain an award disqualification memorandum for this period.  Therefore, it would be appropriate to award him the Good Conduct Medal for the period from 30 June 1976 through 3 July 1979.  

3.  The applicant had a short break in service and again served in the Regular Army from 10 September 1979 through 9 September 1983.  The applicant’s record contains no indication of any disqualifying incidents or denial of award of the Good Conduct Medal; therefore, it would be appropriate to award him the Good Conduct Medal (2nd award) for the period from 10 September 1979 through 9 September 1982.  

4.  The Disposition Form, dated 26 July 1983 is clearly in error.  The applicant completed a total of 7 years of service and he is eligible for only two awards of the Good Conduct 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 the applicant the Good Conduct Medal (1st award) for his initial period of service from 30 June 1976 through 3 July 1979 and a Good Conduct Medal (2nd award) for the period from 10 September 1979 through 9 September 1982; and

   b.  correcting the individual's records to show these awards and adding the Good Conduct Medal (2nd award) to the DD Form 214 ending 9 September 1983.



      _______ XXX_   _______   ___
               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)                                         AR20090003764



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ABCMR Record of Proceedings (cont)                                         AR20090003764



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