IN THE CASE OF:
BOARD DATE: 27 July 2010
DOCKET NUMBER: AR20090020840
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 is entitled the AGCM because he served in the military honorably for 4 years and was not issued an AGCM when he was discharged.
3. The applicant submitted no additional documents 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 on 9 October 1985.
3. The applicant's official record contains a copy of DA Form 4126-R (Bar to Reenlistment Certificate) which shows he received a bar to reenlistment on 15 March 1989 for declining to attend the Primary Leadership Development Course and for lacking the potential to become a supervisor or senior technician in the future.
4. On 8 October 1989, the applicant was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement). He completed 4 years of creditable active service during this period.
5. Army Regulation 600-8-22 (Military Awards) states 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. Individuals who have an approved bar to reenlistment under the provisions of Army Regulation
601-280 (Army Retention Program), chapter 8, specifically for the reasons enumerated in paragraph 8-4a which states, "declines attendance in professional development courses such as Primary Leadership Development Course, Basic Noncommissioned Officer Course, or Advanced Noncommissioned Officer Course" are not eligible for award of the AGCM.
DISCUSSION AND CONCLUSIONS:
The evidence of record confirms the applicant had an approved bar to reenlistment for refusing to attend the Primary Leadership Development Course.
This would have disqualified him from receiving his first award of the AGCM. Therefore, the applicant is not entitled to relief in this case.
BOARD VOTE:
_________ _________ _________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X___ ___X____ ___X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
___________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) AR20090020840
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
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