BOARD DATE: 16 February 2011
DOCKET NUMBER: AR20100021950
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. The applicant states he was released from active duty in 1996 and did not receive the Army Good Conduct Medal. He states he met the criteria, but he was on terminal leave during the time the medal would have been awarded.
3. The applicant provides copies of:
* his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 22 January 1999
* the criteria for the Army Good Conduct Medal from Army Regulation
600-8-22 (Military Awards)
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 23 January 1996 for a period of 3 years. He completed basic combat and advanced individual training and was awarded military occupational specialty 11M (Fighting Vehicle Infantryman).
3. During his period of service the applicant was awarded the:
* Army Achievement Medal for meritorious service from 1 to 31 August 1996
* Army Achievement Medal for meritorious achievement from 9 to 15 January 1997
* Army Commendation Medal for meritorious achievement from 25 March 1997 to 4 October 1997
* Army Achievement Medal for meritorious service from 23 January 1996 to 22 January 1999
4. On 22 January 1999, the applicant was released from active duty. He completed 3 years of service that was characterized as honorable. Item 13 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show he was awarded the Army Good Conduct Medal. Item 13 also does not show his three awards of the Army Achievement Medal and the Army Commendation Medal.
5. His DD Form 214 shows he did not have any lost time during his period of service. There is no evidence the applicant was disqualified by his chain of command from receiving the Army Good Conduct Medal. There are no orders in his official military personnel file for the award of the Army Good Conduct Medal.
6. Army Regulation 600-8-22 states 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:
1. The applicant contends he should have been awarded the Army Good Conduct Medal.
2. The applicant's records do not show indiscipline or lost time, he was awarded three Army Achievement Medals, one of which was awarded for his entire period of service, and one Army Commendation Medal during his period of service. Therefore, the preponderance of evidence shows the applicant is entitled to the first award of the Army Good Conduct Medal based on his completion of qualifying service from 23 January 1996 to 22 January 1999.
3. The applicant's three awards of the Army Achievement Medal and one award of the Army Commendation Medal should be added to item 13 of his DD Form 214.
BOARD VOTE:
____x___ ___x____ ___x____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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 him the first award of the Army Good Conduct Medal for the period 23 January 1996 to 22 January 1999.
2. The Board also recommends item 13 of his DD Form 214 be amended to include the:
* Army Commendation Medal
* Army Achievement Medal (3d Award)
* Army 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) AR20100021950
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ABCMR Record of Proceedings (cont) AR20100021950
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