IN THE CASE OF:
BOARD DATE: 26 May 2011
DOCKET NUMBER: AR20100027933
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 (AGCM).
2. The applicant states he never received the award of the AGCM after having served 4 years of active duty service with no time lost or disciplinary actions. He further states he was never advised of any disqualification of the award by his unit commander.
3. The applicant provides:
* His DD Form 214 (Certificate of Release or Discharge from Active Duty)
* His award of the Army Commendation Medal (ARCOM)
* His award of the Army Achievement Medal (AAM)
* Three Certificates of Achievement
* A Letter of Commendation
* Orders awarding him the Driver Badge (Track Badges) and Driver Badge (Wheel Badges) [properly known as the Driver and Mechanic Badge with Driver-T (for tracked vehicles) and Driver-W (for wheeled vehicles) Bar]
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 in Lansing, MI on 30 October 1991 for a period of 4 years, training as a multiple launch rocket system (MLRS) crewman, and a cash enlistment bonus.
3. He served honorably until he was released from active duty (REFRAD) on
29 October 1995 due to completion of required service. He had served 4 years of active service. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 issued at the time of his REFRAD shows the:
* AAM
* National Defense Service Medal
* Army Service Ribbon
* Overseas Service Ribbon
4. A review of his official records failed to show any derogatory information or a commander's disqualification that would serve to disqualify him for award of the AGCM.
5. The documents provided by the applicant show he was awarded the ARCOM and the Driver and Mechanics Badge with Driver-T and Driver-W Bars that were not included on his DD Form 214.
6. 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. After carefully examining the applicants record of service, it appears that the applicant should have received the first award of the AGCM for his service from 30 October 1991 through 29 October 1994. This conclusion is based on the fact that the record is void of any derogatory information which would preclude the applicant from being awarded the AGCM, and the lack of any specific action by the applicants unit commander to disqualify him from receiving this award.
2. The evidence suggests that the applicant not receiving the AGCM was likely the result of an administrative error as opposed to it being the result of a conscious disqualification by any of his unit commanders. Therefore, in the interest of justice, this error should be corrected and the applicant should be awarded the AGCM at this time.
3. Additionally, the applicant was awarded the ARCOM and the Driver and Mechanic Badge with Driver-T and Driver-W Bars. Therefore, these awards should be added to his DD Form 214 at this time.
BOARD VOTE:
____X___ ___X____ ____X___ GRANT FULL RELIEF
________ ________ ________ 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 relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
a. awarding him the Army Good Conduct Medal (1st Award) for the period
30 October 1991 through 29 October 1994; and
b. adding to item 13 of his DD Form 214 the:
* Army Commendation Medal
* Army Good Conduct Medal (1st Award)
* Driver and Mechanic Badge with Driver-T and Driver-W Bars
2. The Board wants the applicant and all others to know that the sacrifices he made in service to the United States are deeply appreciated. The applicant and all Americans should be justifiably proud of his service in arms.
____________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) AR20100027933
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ABCMR Record of Proceedings (cont) AR20100027933
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