IN THE CASE OF:
BOARD DATE: 13 July 2010
DOCKET NUMBER: AR20090021884
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 two awards of the Good Conduct Medal.
2. The applicant states he is not sure why he was never awarded the Good Conduct Medal.
3. The applicant provides two DD Forms 214 (Certificate of Release or Discharge from Active Duty) for the periods ending 4 January 1998 and
23 September 2003 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 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. Having prior service in the Regular Army and inactive service in the Army National Guard, the applicant enlisted in the Regular Army on 5 January 1995 for a period of 3 years. He served as an infantryman and was honorably discharged on 4 January 1998 in the rank of specialist after completing 3 years of creditable active service with no time lost and no record of any disciplinary actions taken against him.
3. The applicant's DD Form 214 for the period ending 4 January 1998 does not show the Good Conduct Medal as an authorized award.
4. Orders, dated 15 October 1997, show the applicant received the Army Achievement Medal for meritorious service for the period 5 January 1995 to
4 November 1997.
5. The applicant enlisted in the Regular Army on 21 December 2000. He served as an infantryman. On 23 September 2003, he was released from active duty and placed on the Temporary Disability Retired List the following day. He had completed 2 years, 9 months, and 3 days of creditable service during this enlistment.
6. The applicant's DD Form 214 for the period ending 23 September 2003 does not show the Good Conduct Medal as an authorized award.
7. There are no orders for the Good Conduct Medal in the available records.
8. There is no evidence the applicant received the first award of the Good Conduct Medal. There also is no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal.
9. 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. The applicant was released from active duty on 4 January 1998 in the rank of specialist after completing 3 years of honorable active service with no time lost and no record of any disciplinary actions taken against him. Therefore, it appears he met the eligibility criteria for the first award of the Good Conduct Medal based on completion of a period of qualifying service of three years from
5 January 1995 through 4 January 1998.
2. The applicant did not complete 3 years during his second enlistment in the Regular Army. Therefore, he does not meet the eligibility criteria for a second award of the Good Conduct Medal.
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 Good Conduct Medal for the period
5 January 1995 through 4 January 1998; and
b. adding the Good Conduct Medal on his DD Forms 214 for the periods ending 4 January 1998 and 23 September 2003.
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 a second award of the 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) AR20090021884
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ABCMR Record of Proceedings (cont) AR20090021884
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