DOCKET NUMBER: AR20090004253
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 that he was discharged on his 3-year anniversary but did not receive his Good Conduct Medal as the separation paperwork was completed before the date of separation.
3. The applicant provides a letter, dated 4 February 2009, from the National Personnel Records Center, 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 6 years on 3 March 1998. He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 91P (Radiology Specialist). He was honorably discharged in the rank/grade of specialist (SPC)/ E-4 on 2 March 2001.
3. Item 24 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the Army Lapel Button, the Army Achievement Medal, the Armed Forces Expeditionary Medal, the Army Service Ribbon, the NATO Medal, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and the Marksman Marksmanship Qualification Badge with Rifle Bar. Item 24 does not show award of the Good Conduct Medal.
4. The applicants records do not contain orders awarding him his first award of the Good Conduct Medal.
5. Section C (Assignment Information) of the applicant's Enlisted Record Brief, dated 30 January 2001, shows he was flagged effective 9 May 2000 for enrollment on the overweight program; however, there is no indication of the date his flag was removed.
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 was flagged on 9 May 2000 for being overweight with no indication of when his flag was removed. This would have disqualified him from receiving his first award of the Good Conduct Medal. Therefore, there is insufficient evidence to grant the applicant relief in this case.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___x____ ___x____ ___x____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_______ _ _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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