BOARD DATE: February 23, 2010
DOCKET NUMBER: AR20100007804
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 records to show award of the Army Good Conduct Medal (8th Award).
2. The applicant states he was not awarded the Army Good Conduct Medal (8th Award) prior to his retirement.
3. The applicant provides his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 31 August 2003.
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 enlisted in the Regular Army on 22 August 1979.
3. U.S. Army Intelligence Center and Fort Huachuca Permanent Order 9-1, dated 20 March 2001, shows the applicant was awarded the Army Good Conduct Medal (7th Award) for the period 22 August 1997 through 21 August 2000.
4. On 31 August 2003, the applicant retired in the rank of first sergeant/E-8 after completing 24 years and 9 days of creditable active service with no time lost.
5. The applicant's DD Form 214 for the period ending 31 August 2003 does not show award of the Army Good Conduct Medal (8th Award).
6. There is no evidence the applicant received the 8th award of the Army Good Conduct Medal. A review of the applicant's Personnel Electronic Records Management System file does not contain any adverse information throughout his entire of service.
7. 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 Federal military service. Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.
DISCUSSION AND CONCLUSIONS:
There is no evidence of any adverse information in the applicant's records or that his commander disqualified him for the 8th award of the Army Good Conduct Medal. Therefore, it appears the applicant met the eligibility criteria for award of the Army Good Conduct Medal (8th Award) for the period 22 August 2000 through 21 August 2003 based on completion of a period of qualifying service. He should be awarded this medal.
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 Army Good Conduct Medal (8th Award) for the period 22 August 2000 through 21 August 2003 and amending his DD Form 214 to show this award.
___________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) AR20100007804
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ABCMR Record of Proceedings (cont) AR20100007804
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