IN THE CASE OF:
BOARD DATE: 16 March 2010
DOCKET NUMBER: AR20090014024
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 (AGCM) (8th Award).
2. The applicant provides no explanation or comments in support of his request.
3. The applicant provides no additional evidence 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 applicants records show he enlisted in the Regular Army on 15 June 1972 and through a series of reenlistments was honorably retired on 30 June 1996. The applicant had completed 24 years and 16 days of active federal service and retired in the grade of first sergeant (1SG)/E8.
3. Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty) shows that he was awarded the AGCM (7th Award).
4. Permanent Orders 088-00052, dated 29 March 1993 show that the applicant was awarded the AGCM (7th Award) for the period of service from 15 June 1990 through 14 June 1993.
5. There is no entry in Item 9 (Awards, Decorations, and Campaigns) of the applicant's DA Form 2-1(Personnel Qualification Record) that shows he was awarded the AGCM (8th Award) and his record does not contain orders for this award.
6. There is no indication of any adverse actions or documentation in the applicant's records.
7. Army Regulation 600-8-22 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:
There is no adverse information contained in the applicants records and there is no documentation disqualifying him from award of the AGCM (8th Award). Therefore, in the interest of equity and justice it would be appropriate to correct the applicants records to show that he is entitled to the award of the AGCM (8th Award) for the period 15 June 1993 to 14 June 1996.
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 him the award of the AGCM (8th Award) for the period 15 June 1993 to 14 June 1996 and adding it to his 30 June 1996 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) AR20090014024
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ABCMR Record of Proceedings (cont) AR20090014024
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