BOARD DATE:	  29 April 2010

		DOCKET NUMBER:  AR20090018617 


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 correction of his military record by awarding him the Army Good Conduct Medal and amending his DD Form 214 (Certificate of Release or Discharge from Active Duty) to reflect receipt of this award.

2.  The applicant states he believes he is entitled to the Army Good Conduct Medal based upon the fact he served honorably on active duty for a period of 2 years, 1 month, and 9 days prior to being released from active duty due to a hardship in his family.  The applicant also states he would have continued serving on active duty had the hardship not arisen and does not know why he did not receive the Army Good Conduct Medal at the time of his separation.  The applicant concludes that he is currently serving in the U.S. Navy Reserve.

3.  The applicant provides a copy of his DD Form 214 as documentary evidence in support of his request.

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 Army National Guard on 18 March 1994.  He completed basic combat training and advanced individual training.  Upon completion of training he was awarded military occupational specialty 91B (Medical Specialist).  He enlisted in the Regular Army and entered active duty on 22 May 1998.  On 30 June 2000, the applicant was released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement) for the remainder of his statutory obligation.  At the time of his release, he held the rank/pay grade of specialist four/E-4.

3.  The applicant's record contains (and he also provides) a DD Form 214 rendered for the period 22 May 1998 through 30 June 2000.

	a.  Item 12c (Net Active Service This Period) shows he served on active duty for 2 years, 1 month, and 9 days.

	b.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) shows he was awarded or authorized to wear the National Defense Service Medal and the Army Service Ribbon.

	c.  Item 24 (Character of Service) shows his service during this period of time was categorized as honorable.

4.  A review of the applicant's service record shows no derogatory information in the form of lost time, nonjudicial punishment, or suspension of favorable personnel actions that would disqualify him for the first award of the Army Good Conduct Medal during the period 22 May 1998 through 30 June 2000.  There are also no entries in his record to indicate that his commanders denied him award of the Army Good Conduct Medal during this period of service.

5.  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 active Federal military service.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.

6.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  In establishes standardized policy for the preparation of the DD Form 214.  In pertinent part, it states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.  It is important that information entered on the form should be complete and accurate.  Chapter 2 of Army Regulation 635-5 contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, that all decorations, badges, citations, and campaign ribbons awarded and authorized for all period of service should be entered in item13 of the form.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his military record should be corrected by awarding him the Army Good Conduct Medal and amending his DD Form 214 to reflect his receipt of this award was carefully considered and determined to have merit.

2.  The evidence confirms the applicant honorably served on active duty for 2 years, 1 month, and 9 days during the period 22 May 1998 through 30 June 2000.  His record is void of any evidence that shows he had lost time or that he received nonjudicial punishment or a court-martial action during this period of service.  There is no evidence of a suspension of favorable personnel actions or that his commander denied him award of the Army Good Conduct Medal for that period of service.  Lacking any derogatory information on file that would have disqualified him, it would be appropriate to award the applicant the Army Good Conduct Medal for the period 22 May 1998 through 30 June 2000 and to correct his records to show this award.

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 Army Good Conduct Medal (1st Award) for the period 22 May 1998 through 30 June 2000 and

	b.  adding the Army Good Conduct Medal (1st Award) to item 13 of 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)                                         AR20090018617



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ABCMR Record of Proceedings (cont)                                         AR20090018617



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