BOARD DATE: 16 June 2011
DOCKET NUMBER: AR20100027085
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 for the period ending in March 1993. He also requests removal of false documents from his records which were fraudulently placed there by the U.S. Army Recruiting Command (USAREC).
2. The applicant states that denial of the Army Good Conduct Medal was a reprisal by USAREC because he chose to leave recruiting duty to pursue a nursing career.
3. The applicant provides a copy of the portal index of his Interactive Personnel Electronic Records Management System (iPERMS); a set of five copies of a full page copy of the official Army Seal, labeled Official File; and a similar set of three copies.
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 served in an enlisted status in the Regular Army from 26 June 1975 through 25 June 1979, during which time he was awarded the first award of the Army Good Conduct Medal. He served on active duty as a commissioned officer from 18 July1984 through 30 September 1987. He served in an enlisted status in the Regular Army from 4 February 1988 through 2 June 1994 (in a dual-component status).
3. On 6 February 1991 the applicant was awarded the Army Good Conduct Medal (2nd Award) for the period 5 February 1988 to 4 February 1991. He was awarded the third award for the period 5 February 1991 to 4 February 1994.
4. The applicant entered active duty as a commissioned officer on 3 June 1994 and retired as a Regular Army Nurse Corps captain in 2002.
5. The index for the Performance portion of the applicant's iPERMS contains a section entitled Orders Announcing the Award of Badges , Bars, Tabs Etcetera. A line item therein is entitled, Disqualification Statement for Award of Good Conduct Medal. It is listed as five pages and is dated 22 March 1993. However, that subsection contains only 5 copies of a full page rendering of the official Army Seal each stamped "Official File" in large letters and showing "USAEREC Label 16" in the lower left corner.
6. The Restricted portion contains a similar line item entitled Unfavorable Information of Which the Member Had Prior Official Knowledge. It contains three copies of the Army Seal document.
7. 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant was not eligible for award of the Army Good Conduct Medal in March 1993, although the index of documents in his IPERMS might give that impression.
2. The applicant was, in fact, awarded the Army Good Conduct Medal "on schedule " for the 3-year period ending 4 February 1994.
3. Whatever the command may have intended to be filed in the applicant's iPERMS under the headings of Disqualification Statement for Award of Good Conduct Medal and Unfavorable Information of Which the Member Had Prior Official Knowledge is unknown. However, he clearly was not disqualified for award of the Good Conduct Medal at that time and the iPERMS index entries give a misleading impression. They should be expunged.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___x___ ____x____ ____x____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting the index line items entitled Disqualification Statement for Award of Good Conduct Medal and Unfavorable Information of Which the Member Had Prior Official Knowledge and any related documents from the applicant's iPERMS and any associated file or index.
2. The Board further determined that the evidence presented was insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to award of the Army Good Conduct Medal for the period ending in March 1993.
_______ _ 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) AR20100027085
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20100027085
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2009 | 20090018406
The applicant requests correction to his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Soldier's Medal. The applicant contends that his military service record should be corrected to show award of the Soldier's Medal. Based on the evidence of record and the official government agency seal, it would be appropriate to correct the applicant's record to show award of the Soldier's Medal.
ARMY | BCMR | CY2005 | 20050001440C070206
In effect, the applicant requests that the order revoking the award of the Army Good Conduct Medal (1st award) be expunged from the Official Military Personnel File (OMPF). There is no evidence contained in the applicant’s Official Military Personnel File (OMPF) showing that he was disqualified for award of the Army Good Conduct Medal (1st award). | |DISCHARGE REASON | | |BOARD DECISION |GRANT | |REVIEW AUTHORITY | | |ISSUES 1.
ARMY | BCMR | CY2005 | 20050001440C070206
In effect, the applicant requests that the order revoking the award of the Army Good Conduct Medal (1st award) be expunged from the Official Military Personnel File (OMPF). The applicant provides no evidence. There is no evidence contained in the applicants Official Military Personnel File (OMPF) showing that he was disqualified for award of the Army Good Conduct Medal (1st award).
ARMY | BCMR | CY2001 | 2001061368C070421
First Sergeant (1SG) T___ was his rater and Captain W___ were his rater and senior rater (SR), respectively. The ESRB did not verify that the applicant’s rater had been TDY and relied on the reviewer’s contention that the NCOER was based on the applicant’s demonstrated duty performance during the rating period and was not written out of retaliation. That the applicant’s records be made available to the next scheduled Enlisted Standby Advisory Board for promotion consideration to MSG under...
ARMY | BCMR | CY2005 | 20050009231C070206
The applicant requests that the disqualification of the Army Good Conduct Medal (AGCM) be removed from his disciplinary section of his Official Military Personnel File (OMPF). Therefore, the effective date of the applicant's qualifying period of service for award of the AGCM did not start until 16 February 1996 and not from 20 November 1994 as indicated on the commander's disqualification memorandum. Evidence of record substantiates that the disqualifying period of the award of the AGCM,...
ARMY | BCMR | CY2010 | 20100024493
The applicant requests documents be added to her official military personnel file (OMPF). USAR Personnel Center Permanent Orders 52-2, dated 16 April 1993, awarded her the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity in active military service for the period 29 December 1986 through 28 December 1989. The following documents/forms are filed in her OMPF.
ARMY | BCMR | CY2013 | 20130019365
IN THE CASE OF: BOARD DATE: 21 November 2013 DOCKET NUMBER: AR20130019365 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). The applicant requests removal of a memorandum disqualifying her for award of the Army Good Conduct Medal (AGCM) from her Army Military Human Resource Record (AMHRR).
ARMY | BCMR | CY2008 | 20080018005
The applicant states, in effect, that the dates of her award of three Good Conduct Medals are not correct in that they do not take into consideration her break in Federal active service. Army Regulation 600-8-22 (Military Awards) provides that the 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. The applicant states, in effect, her Good Conduct Medals are not...
ARMY | BCMR | CY2013 | 20130000625
Application for correction of military records (with supporting documents provided, if any). The unit commander's statement (enclosure 3) of the rationale disqualifying the applicant for award of the Army Good Conduct Medal for the period 21 May 2002 to 20 May 2005 is not available. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. removing the Memorandum, Subject: Disapproval of Award of the Good Conduct Medal, dated...
ARMY | BCMR | CY2005 | 20050005245C070206
The applicant's military records show that he initially enlisted on 27 October 1981, for a period of 4 years. Item 13 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 3 January 1994, contains entries for the Army Good Conduct Medal (3rd award) and the Kuwait Liberation Medal. Based on the preponderance of evidence, the Board...