BOARD DATE: 13 April 2011
DOCKET NUMBER: AR20100024480
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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected by showing the Army Good Conduct Medal (AGCM).
2. The applicant states he was awarded the AGCM while stationed at Fort Bragg, North Carolina; however, it was not included on his DD Form 214.
3. The applicant provides a copy of his 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 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. The applicant enlisted in the Regular Army on 14 July 1983 for a period of 3 years and training as an infantryman. He completed his one-station unit training at Fort Benning, Georgia and was transferred to Germany.
3. On 2 May 1985, he completed his tour in Germany and was transferred to Fort Benning, Georgia where he completed airborne training and was then transferred to Fort Bragg, North Carolina. He was promoted to the pay grade of E-5 on 19 December 1985. He was honorably discharged on 31 January 1986.
4. On 1 February 1986, he reenlisted for a period of 6 years, assignment to Europe and a selective reenlistment bonus.
5. On 6 August 1987, he was honorably discharged under the provisions of Army Regulation 635-40 due to physical disability with severance pay (20%). He had served 4 years and 23 days of total active service and he was awarded the Army Service Ribbon, Overseas Service Ribbon, Army of Occupation Medal, German Armed Forces Marksman Badge (Bronze), and the Expert Infantryman Badge.
6. A review of his official records fails to show the applicant was awarded the AGCM or that he was disqualified for award of the AGCM by his commander. Additionally, his record is void of any derogatory information that would serve to disqualify him for award of the AGCM.
7. His records do show that in August 1985 he was involved in a motorcycle accident in Fayetteville, North Carolina and his injuries required multiple surgeries. He was also medically disqualified from airborne duty.
8. Army Regulation 600-8-22 (Military Awards) 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.
9. Army Regulation 600-8-22 states that in instances of disqualification as determined by the unit commander, the commander will prepare a statement of the rationale for his or her decision. This statement will include the period of disqualification and will be referred to the individual concerned for response. The
unit commander will consider the individuals statement. If the commanders decision remains the same, the commander will forward his or her statement, the individuals statement, and his or her consideration for permanent filing in the individuals Official Military Personnel File. The immediate commanders decision to award the Army Good Conduct Medal will be based on his or her personal knowledge and of the individuals official records for the periods of service under previous commanders during the period for which the award is to be made. However, there is no right or entitlement to the medal until the immediate commander has approved the award and the award has been announced in permanent orders.
DISCUSSION AND CONCLUSIONS:
1. Although the applicants records do not contain and the applicant has not provided orders awarding him the AGCM, it is reasonable to presume that he was in fact awarded the AGCM.
2. This presumption is based on the fact that the applicant served his first enlistment of 3 years, was promoted to the pay grade of E-5, reenlisted for 6 years and his record is void of any derogatory information that would serve to disqualify him for award of the AGCM.
3. Accordingly, it would be in the interest of justice to add the award of the AGCM to his records at this time.
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 adding the award of the AGCM to his 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) AR20100024480
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ABCMR Record of Proceedings (cont) AR20100024480
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