BOARD DATE:	  20 May 2010

		DOCKET NUMBER:  AR20090017347 


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).  

2.  The applicant states he never received an AGCM through no fault of his own and was never disqualified from receiving the award.  He states he is also requesting all awards and decorations be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty). 

3.  The applicant provides awards certificates and a certificate of achievement 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 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's record shows he enlisted in the Regular Army and entered active duty on 18 January 1996, and was trained in and awarded military occupational specialty (MOS) 88M (Motor Transport Operator). 

3.  The applicant's Official Military Personnel File (OMPF) contains 
1st Transportation Battalion (Terminal), Fort Story, Virginia, Permanent Orders 
051-19, dated 20 February 2002.  These orders awarded the applicant the AGCM for his qualifying period of honorable active duty service from 18 January 1999 through 17 January 2002. 

4.  The applicant's OMPF is void of any derogatory information or a unit commander disqualification that would have precluded him from receiving the AGCM for his first qualifying period of active military service from 18 January 1996 through 17 January 1999.  

5.  On 17 March 2002, the applicant was honorably released from active duty (REFRAD), in the rank of specialist/E-4, after completing 6 years and 2 months of active military service.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued at the time shows he earned the Army Service Ribbon and Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  

6.  The applicant provides an Army Commendation Medal (ARCOM) certificate, dated 27 October 1999.  This document shows he was awarded the ARCOM for his meritorious service during the period 27 May 1998 through 19 November 1999.  The certificate shows the award was announced in 24th Support Group (Rear) Orders 300-3, dated 27 October 1999.  

7.  The applicant also provided an Army Achievement Medal (AAM) certificate, dated 5 February 1997.  It shows he was awarded the AAM for meritorious service as a vehicle operator with the 416th Transportation Company and that the award was announced in Permanent Order 36-02, dated 5 February 1997.  In addition, he provides an AAM certificate that shows he was awarded the AAM for his outstanding achievement during Operation Roving Sands 1997 on 29 April 1997. The certificate lists no award orders.  

8.  The applicant finally provides a Certificate of Achievement, dated 8 April 1997, he received for his meritorious service as a heavy wheeled vehicle operator. 

9.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  Chapter 4 prescribes the policy for award of the AGCM.  It states it 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, in which case a period of more than 1 year is a qualifying period. Although there is no automatic entitlement to the AGCM, disqualification must be justified.  

10.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains item-by-item preparation instructions for the DD form 214.  The instructions for item 13 state to list awards and decorations for all periods of service in the order of precedence they are listed in the Army's awards regulation.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he should be awarded an AGCM and all awards he received should be added to his DD Form 214 has been carefully considered and found to have merit.  

2.  By regulation, the AGCM is authorized for each 3 year period of qualifying honorable active duty service performed.  Although there is no automatic entitlement to the AGCM, disqualification must be justified.  

3.  The applicant's record is void of any derogatory information or a unit commander disqualification that would have precluded him from receiving the AGCM for his first qualifying period of honorable active duty service from 18 January 1996 through 17 January 1999.  

4.  Further, the applicant received the second award of the AGCM for his qualifying period of active duty service from 18 January 1999 through 17 January 2002.  This supports a conclusion there was no disqualification during his original qualifying period.  Therefore, absent any derogatory information or a unit commander disqualification that would have precluded him from receiving the first award of the AGCM, it would be appropriate to award it for his qualifying period of honorable active duty service from 18 January 1996 through 
17 January 1999.  It would also be appropriate to add the Army Good Conduct Medal (2nd Award) to item 13 of his DD Form 214.  

5.  The applicant provides ARCOM and AAM certificates confirming he received these awards on 27 October 1999 and 5 February 1997, respectively, and that the awards were authorized and announced in official orders.  As a result, it would be appropriate to add these awards to item 13 of his DD Form 214 at this time. 

6.   However, the second AAM certificate provided by the applicant, dated
29 April 1997, does not list official orders authorizing and announcing the award.  As a result, there is an insufficient evidentiary basis to support adding this award to his DD Form 214.  Finally, the Certificate of Achievement he received on 8 April 1997, is not an official decoration listed in the order of precedence in the awards regulation.  As a result, it is not an authorized to be added to the 
DD Form 214.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x___  ___x_____  ___x___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial 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 his qualifying period of honorable active duty service from 18 January 1996 through 17 January 1999; 

	b.  by amending item 13 of his DD Form 214 by adding the Army Commendation Medal, Army Achievement Medal, and Army Good Conduct Medal (2nd Award); and 

	c.  providing him a correction to his DD Form 214 that includes these changes. 

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to adding the Army Achievement Medal of 29 April 1997, and Certificate of Achievement of 8 April 1997, 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)                                         AR20090017347



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ABCMR Record of Proceedings (cont)                                         AR20090017347



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