IN THE CASE OF:
BOARD DATE: 2 February 2010
DOCKET NUMBER: AR20090014293
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 Combat Action Badge (CAB) and the Army Good Conduct Medal.
2. The applicant states, in effect, he was discharged from the service in 2004, and his unit was not approved for award of the CAB until 2005. He also states that he was not awarded the Army Good Conduct Medal. The applicant states that he served in combat under fire and he never had any disciplinary action taken against him.
3. The applicant provides a copy of a certificate for award of the Shoulder Sleeve Insignia 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 applicant is requesting correction of his records to show award of the CAB. The U.S. Army Human Resources Command provided processing procedures for award of the CAB on 3 June 2005. The applicant has been notified by separate correspondence of the procedures for applying for this badge. As a result, the CAB will not be discussed further in this Record of Proceedings.
3. The applicant enlisted in the Regular Army on 20 November 2000 for a period of 4 years. He served in Iraq from 1 May 2003 to 31 April 2004.
4. The applicant's official military personnel file does not contain any disciplinary action and there is no evidence that he was disqualified by his chain of command from receiving the first award of the Army Good Conduct Medal.
5. The applicant was honorably discharged on 19 November 2004 in the rank of SPC/E-4. This was the highest rank that he attained. He completed 4 years of active military service with no lost time. His DD Form 214 (Certificate of Release or Discharge from Active Duty) does not show he was awarded 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. There is no evidence available to indicate the applicant was disqualified from receiving the first award of the Army Good Conduct Medal for the period 20 November 2000 through 19 November 2003. The applicant did not receive any disciplinary action and he was promoted to SPC during this period of service.
2. Therefore, it appears the applicant has met the requirements for the first award of the Army Good Conduct Medal for the period 20 November 2000 through 19 November 2003. His DD Form 214 should be corrected to show this medal.
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 first award of the Army Good Conduct Medal for the period 20 November 2000 through 19 November 2003; and
b. adding the Army Good Conduct Medal 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) AR20090014293
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ABCMR Record of Proceedings (cont) AR20090014293
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