IN THE CASE OF:
BOARD DATE: 09 March 2010
DOCKET NUMBER: AR20090017125
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, in effect, that he did not receive the Army Good Conduct Medal when released from active duty as required by Army award regulations. He states that during his active duty tour he received the Army Commendation Medal and the Army Achievement Medal with Oak Leaf Cluster for his job performance. He further states a sergeant promotion board selected him for promotion and he has no history of disciplinary actions or problems.
3. The applicant provides six documents in support of his application:
a. a DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 30 July 1985;
b. a DA Form 1811 (Physical Data and Aptitude Test Scores upon Release from Active Duty);
c. a DA Form 1315 (Reenlistment Data); and
d. copies of permanent award orders for an Army Achievement Medal, an Army Achievement Medal First Oak Leaf Cluster, and an Army Commendation Medal.
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 enlisted in the Regular Army (RA) on 4 August 1982 for a
3-year period of service. He completed basic combat and advanced individual training. Upon completion of training, he was awarded the military occupational specialty (MOS) 63Y (Track Vehicle Mechanic). He attained the rank of specialist (SPC)/E-4.
3. The applicant was honorably released from active duty on 30 July 1985 and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation. He received a DD Form 214 showing he served on active duty for 2 years, 11 months, and 27 days.
4. The applicant's record does not show time lost, or contains records of nonjudicial punishment under the provisions of Article 15 of the Uniform Code of Military Justice (UCMJ). There are no records of conviction by court-martial. There is also no record of a commander's disqualification for award of the Army Good Conduct Medal.
5. Item 9 (Awards, Decorations and Campaigns) of the applicants DA Form 2-1 does not show award of the Army Good Conduct Medal.
6. 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. The regulation states that, after 27 August 1940, three years of qualifying service was required for award of the Good Conduct Medal, but during the World War II era, the first award could be made based on one year of qualifying service provided that service occurred between 7 December 1941 to 2 March 1946. The current standard for award of the Good Conduct Medal is 3 years of qualifying service, but as little as one year is required for the first award in those cases when the period of service ends with the termination of Federal military service.
DISCUSSION AND CONCLUSIONS:
No records of evidence showing a commander's disqualification or records of disciplinary action are filed in the applicants official record. Therefore, the applicant is entitled to the first award of the Army Good Conduct Medal based on completion of qualifying service from 4 August 1982 to 30 July 1985 ending with termination of his first period of qualifying Federal military service.
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 the applicant the Army Good Conduct Medal for his period of service from 4 August 1982 to 30 July 1985; and
b. adding to item 13 of the applicant's DD Form 214 the Army Good Conduct Medal.
_______ _ 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) AR20090017125
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ABCMR Record of Proceedings (cont) AR20090017125
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