Search Decisions

Decision Text

ARMY | BCMR | CY2009 | 20090012594
Original file (20090012594.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:	  17 December 2009

		DOCKET NUMBER:  AR20090012594 


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 the award was never placed on his DD Form 214 (Certificate of Release or Discharge from Active Duty).

3.  The applicant provides a copy of his DD Form 214, dated 9 March 1987, 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 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.  Having had prior service, the applicant's records show he enlisted in the Regular Army (RA) for a period of 3 years on 10 May 1984.  He completed basic 
combat and advanced individual training and he was awarded military occupational specialty (MOS) 19D (Cavalry Scout).  He was promoted through the ranks to specialist four (SP4)/E-4 on 1 June 1985.

3.  The applicant’s records also show he served in Germany from on or about 18 May 1984 to on or about 5 October 1985.

4.  The applicant was honorably discharged on 9 March 1987 under the Fiscal Year Early Transition Program.  The DD Form 214 he was issued shows he completed 2 years and 10 months of creditable active service and he was fully eligible to reenlist.

5.  Item 26 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the Army Achievement Medal (1st Oak Leaf Cluster), Army Service Ribbon, and the Overseas Service Ribbon.

6.  There are no orders in the applicant's records that show he was awarded the Army Good Conduct Medal.

7.  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 him for the first award of the Army Good Conduct Medal.

8.  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 evidence of record confirms that the applicant served honorably during the period from 10 May 1984 through 9 March 1987.  He completed nearly
18 months of foreign service in Germany, he attained the rank/grade of SP4/E-4, and he was awarded two awards of the Army Achievement Medal.  Furthermore, his record is void of any lost time, nonjudicial punishment, or suspension of favorable personnel actions.  


2.  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 10 May 1984 through 9 March 1987 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)                                         AR20090012594



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090012594



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2011 | 20110001838

    Original file (20110001838.txt) Auto-classification: Approved

    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 and the Army Achievement Medal. DISCUSSION AND CONCLUSIONS: The available evidence confirms he served honorably on active duty during the period 8 March 1984 through 12 February 1987. He was fully eligible to reenlist on the date of separation and his records contain no derogatory information or evidence that shows he was...

  • ARMY | BCMR | CY2013 | 20130007074

    Original file (20130007074.txt) Auto-classification: Approved

    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 first award of the Army Good Conduct Medal. Army Regulation 600-8-22 (Military Awards) states the Army Good Conduct Medal is awarded to...

  • ARMY | BCMR | CY2011 | 20110003818

    Original file (20110003818.txt) Auto-classification: Approved

    The applicant requests correction of his records to show award of the Army Good Conduct Medal. The applicant's military service records do not contain any disciplinary actions, adverse information, or a commander's disqualification for award of the Army Good Conduct Medal (1st Award). 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 1 February 1984...

  • ARMY | BCMR | CY2013 | 20130013253

    Original file (20130013253.txt) Auto-classification: Approved

    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 | CY2009 | 20090003703

    Original file (20090003703.txt) Auto-classification: Approved

    There are no orders in the applicant's records that show he was awarded the Army Good Conduct Medal. 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. 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...

  • ARMY | BCMR | CY2014 | 20140014738

    Original file (20140014738.txt) Auto-classification: Approved

    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...

  • ARMY | BCMR | CY2009 | 20090012669

    Original file (20090012669.txt) Auto-classification: Approved

    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 | 20130021369

    Original file (20130021369.txt) Auto-classification: Approved

    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 | CY2010 | 20100021736

    Original file (20100021736.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show any awards and decorations and that he contributed to the MGIB. This form also shows in: a. 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.

  • ARMY | BCMR | CY2008 | 20080012337

    Original file (20080012337.txt) Auto-classification: Approved

    The regulation states, in pertinent part, that effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours. Therefore, it would be appropriate to award the applicant the Good Conduct Medal for his period of service from 31 March 1981 through 29 March 1984 and to correct his records to show this award. As a result, the Board recommends that all Department of...