IN THE CASE OF:
BOARD DATE: 29 June 2010
DOCKET NUMBER: AR20090021010
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 he be awarded the Army Good Conduct Medal (GCMDL).
2. The applicant states that he served on active duty from 1986 to 1989 with no disciplinary action being taken against him; however, he was never awarded the GCMDL and he has attempted to have it corrected in the past. He goes on to state that he has served 23 years in the Coast Guard and he desires his records to be correct when he retires.
3. The applicant provides no additional documents with 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 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 on 13 January 1986 for a period of 3 years, assignment to Europe and training as a medical specialist. He completed his basic training at Fort Knox, Kentucky and his advanced individual training at Fort Sam Houston, Texas before being transferred to Germany on 11 June 1986. He was advanced to the pay grade of E-4 on 1 February 1988.
3. He completed his tour in Germany on 1 June 1988 and was transferred to Fort Bliss, Texas, where he remained until he was honorably released from active duty (REFRAD) on 12 July 1989, due to his expiration of term of service (ETS). He had served 3 years and 6 months of total active service and his DD Form 214 issued at the time of his REFRAD shows that he was awarded the Army Service Ribbon, his marksmanship badges, and the Overseas Service Ribbon.
4. A review of the applicants official records fails to reveal any derogatory information or information that would serve to disqualify him for award of the GCMDL.
5. 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. 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 Good Conduct Medal, disqualification must be justified.
DISCUSSION AND CONCLUSIONS:
1. After carefully examining the applicants record of service, it appears the applicant should have received the GCMDL for his service from 13 January 1986 through 12 January 1989. This conclusion is based on the fact that the record is void of any derogatory information, which would preclude the applicant from being awarded the GCMDL, and the lack of any specific action by the applicants unit commander to disqualify him from receiving the award.
2. It is reasonable to presume that the applicant not receiving the GCMDL was likely the result of an administrative error as opposed to it being the result of a conscious disqualification by any of the unit commanders for which he served. Therefore, in the interest of justice, the Board determined that this error should be corrected and the applicant should receive the GCMDL at this time.
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 awarding him the GCMDL for the period of 13 January 1986 through 12 January 1989, while serving in the rank of specialist four.
_______ _ _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) AR20090021010
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