IN THE CASE OF:
BOARD DATE: 9 November 2010
DOCKET NUMBER: AR20100013559
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.
2. She states she never received her Army Good Conduct Medal. She always thought that once you completed a 3-year tour of duty you automatically received an Army Good Conduct Medal.
3. She provides no additional documentation.
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. She enlisted in the Regular Army on 2 August 1977 and successfully completed basic and advanced individual training. She was awarded military occupational specialty 91B (Medical Specialist).
3. On 28 July 1980, she was honorably released from active duty in the rank of specialist four/E-4 after completing 2 years, 11 months, and 27 days of creditable active service with no time lost.
4. Her DD Form 214 (Certificate of Release or Discharge from Active Duty) shows she was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).
5. There is no evidence she received the Army Good Conduct Medal. There also is no evidence she was disqualified by her chain of command from receiving the Army Good Conduct Medal. Her records do not contain any adverse information.
6. 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:
The applicant was separated in the rank of specialist four with 2 years, 11 months, and 27 days of creditable active service with no time lost. Her records contain no derogatory information. Therefore, it appears she met the eligibility criteria for the first award of the Army Good Conduct Medal for the period 2 August 1977 through 28 July 1980 based on completion of a period of qualifying service.
BOARD VOTE:
____X___ ___X____ ____X___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 her the Army Good Conduct Medal (1st Award) for the period 2 August 1977 through 28 July 1980 and by providing her with a correction to her DD Form 214.
__________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) AR20100013559
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ABCMR Record of Proceedings (cont) AR20100013559
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