IN THE CASE OF:
BOARD DATE: 30 July 2009
DOCKET NUMBER: AR20090004748
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 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Good Conduct Medal.
2. The applicant states that his DD Form 214 does not show this medal and that he was told by his commander that his DD Form 214 would be updated.
3. The applicant provides a copy of his DD Form 214 in support of his 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 enlisted in the Regular Army on 24 January 1997 for a period of 4 years. He served as an infantryman and was honorably released from active duty on 23 January 2001 in the rank of sergeant after completing 4 years of creditable active service with no time lost and no record of any disciplinary actions taken against him. He was transferred to the U.S. Army Control Group (Reinforcement).
3. The applicant's DD Form 214 does not show the Good Conduct Medal as an authorized award.
4. There are no orders for the Good Conduct Medal in the available records.
5. There is no evidence the applicant received the first award of the Good Conduct Medal. There also is no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal.
6. The applicant's DA Forms 2166-7 (NCO [Noncommissioned Officer] Evaluation Report) for the periods covering March 1999 to July 1999, August 1999 to May 2000, and June 2000 to November 2000 show his senior rater rated his overall performance as successful and rated his overall potential for promotion and/or service in positions of greater responsibility as superior.
7. 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:
The applicant was released from active duty in the rank of sergeant after completing 4 years of honorable active service with no time lost and no record of any disciplinary actions taken against him. Therefore, it appears he met the eligibility criteria for the first award of the Good Conduct Medal based on completion of a period of qualifying service of three years from 24 January 1997 through 23 January 2000.
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 first award of the Good Conduct Medal for the period
24 January 1997 through 23 January 2000; and
b. adding the Good Conduct Medal 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) AR20090004748
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ABCMR Record of Proceedings (cont) AR20090004748
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