IN THE CASE OF:
BOARD DATE: 23 March 2010
DOCKET NUMBER: AR20090015456
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 that she be awarded the Army Good Conduct Medal (AGCM) and that her DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show this award and a previously-awarded Meritorious Service Medal (MSM).
2. The applicant states that due to an administrative oversight she did not receive her fifth award of the Army Good Conduct Medal. She states she was medically evacuated from her duty station in Kuwait to the United States and medically retired. During her out-processing, these two awards were omitted from her DD Form 214.
3. The applicant provides the following documents:
a. a copy of Permanent Orders 48-4, dated 17 February 1999, awarding her the Meritorious Service Medal;
b. a memorandum, dated 7 January 2000, showing that she is eligible for the fifth award of the AGCM; and
c. a copy of her DD Form 214 with a separation date of 6 February 2000.
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. The applicant enlisted in the Regular Army on 28 December 1984. She completed basic and advanced individual training meeting the qualification requirements for award of military occupation specialty (MOS) 71L (Administrative Specialist). She received additional training and met requirements for award of MOS 92Y (Unit Supply Specialist) and 52D (Power Generator Equipment Repairman).
3. The applicant was honorably retired on 6 February 2000. The narrative reason for her separation as shown on her DD Form 214 was due to a temporary disability. She was issued a DD Form 214 that shows she served on active duty for 15 years, 1 month, and 9 days.
4. In pertinent part, item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 does not show award of the MSM. This form does show she was awarded the AGCM (4th Award).
5. The applicant's official military personnel file (OMPF) on the interactive Personnel Electronic Records Management System shows the following award orders for the AGCM:
a. Headquarters (HQ), I Corps and Fort Lewis, Permanent Orders 213-24, dated 6 November 1987, announced award of the AGCM (1st Award) for the period of service from 28 December 1984 through 27 December 1987;
b. HQ, U.S. Army-Berlin, Permanent Orders 163-PA-001, dated 1 November 1990, announced award of the AGCM (2nd Award) for the period of service from 28 December 1987 through 27 December 1990; and
c. HQ, National Training Center and Fort Irwin, Permanent Order 3-22, dated 6 January 1994, announced award of the AGCM (3rd Award) for the period of service from 28 December 1990 through 27 December 1993.
6. The applicant provided to the Board a copy of Permanent Orders 48-4, dated 17 February 1999, issued by HQ, Third U.S. Army, awarding her the MSM for the period of service from 14 January 1997 to 31 May 1999.
7. Army Regulation 600-8-22 (Military Awards) provides that the AGCM 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 AGCM, disqualification must be justified.
DISCUSSION AND CONCLUSIONS:
1. Permanent orders awarded the applicant the MSM. Therefore, she is entitled to have her record corrected to show this award.
2. Based on the lack of derogatory information or records of court-martial, it would be appropriate to award her the AGCM (5th Award) for her period of service from 28 December 1996 through 27 December 1999.
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 her the AGCM (5th Award) for the period of service from 28 December 1996 through 27 December 1999, and
b. correcting her DD Form 214 to show award of the MSM and AGCM (5th Award).
___________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) AR20090015456
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