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 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. 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 applicants 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
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