IN THE CASE OF:
BOARD DATE: 8 December 2009
DOCKET NUMBER: AR20090010790
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 Army Good Conduct Medal.
2. The applicant states that although he received the Army Good Conduct Medal, it is not shown on his DD Form 214.
3. The applicant provides no documentary evidence 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 Delayed Entry Program on 22 October 1976. He enlisted in the Regular Army and entered active duty on 28 January 1977. The applicant completed basic combat and advanced individual training and was awarded military occupational specialty 36C (Telephone Installer and Lineman, which was subsequently converted to Wire System Installer/Operator). Following completion of 3 years, 11 months, and 20 days of active duty service, he was honorably released from active duty in the rank/grade of specialist four/E-4 on 20 January 1981 and transferred to the U.S. Army Reserve Control Group (Reinforcement) for completion of his military service obligation.
3. Item 9 (Awards, Decorations, and Campaigns) of the applicants DA Form 2-1 (Personnel Qualification Record Part II) and item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 show he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), the Sharpshooter Marksmanship Qualification Badge with Hand Grenade Bar, and the Army Commendation Medal. Neither of these forms 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. There are no entries in his DA Form 2-1 to indicate that his commanders denied him award of the Army Good Conduct Medal.
6. Army Regulation 600-8-22 (Military Awards) provides 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. 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 Army Good Conduct Medal, disqualification must be justified.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DD Form 214 should be corrected to show award of the Army Good Conduct Medal was carefully considered and determined to have merit.
2. The evidence of record confirms the applicant served honorably during the period 28 January 1977 through 20 January 1981. His record is void of any evidence that shows he had lost time or that he received nonjudicial punishment or court-martial action. There is also no evidence of suspension of favorable personnel actions or that his commanders denied him award of the Army Good Conduct Medal. Lacking any derogatory information on file that would have disqualified him, it would be appropriate to award the applicant the Army Good Conduct Medal for the period 28 January 1977 through 27 January 1980 and to 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:
a. awarding him the Army Good Conduct Medal (1st Award) for the period 28 January 1977 through 27 January 1980,
b. adding the Army Good Conduct Medal (1st Award) to item 13 of his DD Form 214, and
c. providing him a document to show these changes.
_____________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) AR20090010790
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ABCMR Record of Proceedings (cont) AR20090010790
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