IN THE CASE OF:	  

		BOARD DATE:	  13 July 2010

		DOCKET NUMBER:  AR20100000763 


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) and that it be added to item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) and correction of the Bronze Star Medal (BSM) entry in item 13 of his DD Form 214 by adding the “V” Device. 

2.  The applicant states the BSM with “V” Device he was awarded was improperly entered on his DD Form 214 without the “V” Device.  He also states he served honorably for three years without reprimand and consistently received good performance reports and he should have been awarded the AGCM.  

3.  The applicant provides the following documents in support of his application:

* DA Form 638 (Recommendation for Award), dated 2 September 2003
* BSM with “V” Device Narrative
* BSM with “V” Device Award Certificate
* Unit Commander Employment Recommendation
* Battalion Commander Recommendation
* DD Form 214



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 4 September 2001 and was trained in and awarded military occupational specialty (MOS) 11B (Infantryman).

3.  The record shows the applicant served in Afghanistan from 2 June 2003 through 11 September 2004 and was wounded in action on 31 August 2003.  His record shows he earned the following awards during his active duty tenure:  

* BSM
* Purple Heart (PH)
* National Defense Service Medal (NDSM)
* Global War on Terrorism Expeditionary Medal (GWOTEM)
* Global War on Terrorism Service Medal (GWOTSM)
* Army Service Ribbon
* Marksman Marksmanship Qualification Badge with Rifle and Grenade Bars
* Combat Infantryman Badge 

4.  The applicant’s record is void of any derogatory information or a unit commander disqualification that would have precluded him from receiving the AGCM. 

5.  On 1 September 2004, the applicant was honorably discharged, in the rank of SPC/E-4, by reason of physical disability with severance pay.  The DD Form 214 he was issued shows he completed 2 years, 11 months, and 28 days of active military service and accrued no time lost.  



6.  The applicant provides a DA Form 638 with award narratives that show on     2 September 2003 he was recommended for the BSM with “V” Device for his heroism in action in Afghanistan on 31 August 2003.  The award narrative indicates he saved the lives of at least four of his fellow Soldiers even though wounded during the action.  It further shows the award was approved by the appropriate authority on 3 September 2003 and announced in official orders on 5 September 2003.  

7.  The applicant also provides recommendations for employment from his unit commander and battalion commander, dated 2 and 25 June 2004, respectively.  These recommendations attest to his outstanding character and professionalism and define him as an American hero.  

8.  Army Regulation 600-8-22 (Military Awards) contains the Army’s awards policy.  Chapter 4 contains guidance on the AGCM.  It 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, 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.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention he should have been awarded the AGCM has been carefully considered and found to have merit.  The applicant’s record is void of derogatory information or a unit commander disqualification that would have precluded him from receiving the AGCM.  Further, he provides recommendations from his last company and battalion commanders which confirm his outstanding character, professionalism and performance of duty.  As a result, it is concluded he completed a period of qualifying honorable active duty service and should be awarded the AGCM for the period 4 September 2001 through 1 September 2004.  Further, this award should be added to item 13 of his DD Form 214. 

2.  The applicant’s contention his BSM entry in item 13 of his DD Form 214 was erroneously entered with the “V” Device has also been carefully considered and found to have merit.  The applicant provides a DA Form 638 with narratives confirming he was awarded the BSM with “V” Device for heroism in Afghanistan on 31 August 2003 and that this award was approved by proper authority and announced in official orders.  Therefore, it would be appropriate to correct the BSM entry in item 13 of his DD Form 214 accordingly.  



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 for his qualifying honorable active duty service from 4 September 2001 through 1 September 2004;

   b. amending item 13 of his DD Form 214 by deleting the current Bronze Star Medal entry and replacing it with the entry “Bronze Star Medal with “V” Device” and by adding the Army Good Conduct Medal; and 

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




      _______ _   __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)                                         AR20100000763



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)