IN THE CASE OF:
BOARD DATE: 15 December 2009
DOCKET NUMBER: AR20090012669
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 Army Good Conduct Medal.
2. The applicant states that she served for a period of 3 years without any incident and was awarded the Army Commendation Medal. She believes she should have received the Army Good Conduct Medal and would like it added to her records.
3. The applicant provides a copy of her DD Form 214 (Report of Separation from Active Duty), dated 2 September 1977, in support of her 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 she enlisted in the Regular Army for a period of 3 years on 3 September 1974. She completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 76Y (Supply Specialist). She was promoted through the ranks to specialist four (SP4)/E-4 on 11 December 1975.
3. The applicants records also show she completed the Standard Installation Division Personnel System (SIDPERS) Course on 27 February 1975 and was subsequently awarded secondary MOS 71B (Clerk Typist).
4. On 15 January 1976, 8 November 1976, and 18 March 1976, the applicant received three separate letters of commendation and/or appreciation from various members of her chain of command for outstanding performance as a SIDPERS clerk.
5. The applicant was honorably discharged on 2 September 1977 by reason of completion of her required service. The DD Form 214 she was issued shows she completed 3 years of creditable active service and was fully eligible to reenlist.
6. Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows she was awarded the Army Commendation Medal.
7. There are no orders in the applicant's records that show she was awarded the Army Good Conduct Medal.
8. 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.
9. 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 evidence of record confirms that the applicant served honorably during the period from 3 September 1974 through 2 September 1977. She attained the rank/grade of SP4/E-4 and was awarded the Army Commendation Medal and received multiple letters of appreciation and/or commendation. Furthermore, her 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 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 of a period of Federal military service and to correct her 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 conduct, efficiency, and fidelity during the period from 3 September 1974 through 2 September 1977 and adding this award to her 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) AR20090012669
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