IN THE CASE OF:
BOARD DATE: 13 April 2011
DOCKET NUMBER: AR20100029077
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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show a 4th award of the Army Good Conduct Medal (AGCM).
2. The applicant states his DD Form 214 shows three awards of the AGCM. He contends that he completed over 12 years of active service which made him eligible for the fourth award of the AGCM.
3. The applicant provides 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 10 January 1989. Upon completion of initial entry training, he was awarded military occupational specialty 11B (Infantryman).
3. The applicant's record contains the following orders for the Army Good Conduct Medal:
* 1st Award by Permanent Orders 000209-007, issued by Headquarters, 25th Infantry Division, Schofield Barracks, HI, dated 18 November 1991, for the period 10 January 1989 through 9 January 1992
* 2nd Award by Orders 65-36, issued by Detachment A, 38th Personnel Service Battalion, Germany, dated 7 June 1995, for the period 10 January 1992 through 9 January 1995
* 3rd Award by Permanent Orders 28-47, issued by Bravo Detachment, 546th Personnel Services Battalion, Fort Hood, TX, dated 28 January 1998, for the period 10 January 1995 through 9 January 1998
* 5th Award by Permanent Orders W-09-982474, by the U.S. Army Human Resources Command, St. Louis, MO, dated 25 September 2009, for the period 15 September 2006 through 14 September 2009
4. His Official Military Personnel File (OMPF) contains five Noncommissioned Officer Evaluation Reports (NCOER) covering the period July 1997 to January 2001 that show his overall performance and potential as successful and superior.
5. There is no evidence showing he was awarded the 4th award of the AGCM.
His OMPF is void of any derogatory information or a unit commander's disqualification that would have precluded him from receiving the 4th award of the AGCM for the period 10 January 1998 to 9 January 2001.
6. On 9 August 2001, he was honorably discharged at the completion of required active service in the rank/grade of sergeant (SGT)/E-5 after completing 12 years and 7 months of creditable active service. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his
DD Form 214 shows, among other entries, the AGCM (3rd Award).
7. Army Regulation 600-8-22 (Military Awards) states the AGCM 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 AGCM, disqualification must be justified.
DISCUSSION AND CONCLUSIONS:
Evidence shows the applicant's performance was rated as successful and his potential as superior from July 1997 through January 2001. His OMPF is also void of any derogatory information or a commander's disqualification that would have precluded him from receiving the 4th award of the AGCM. Therefore, it would be appropriate to award him the AGCM (4th Award) for the period
10 January 1998 through 9 January 2001 and to correct his DD Form 214 to show this award.
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:
a. deleting from item 13 of his DD Form 214 the Army Good Conduct Medal (3rd Award);
b. awarding him the Army Good Conduct Medal (4th Award) for the period
10 January 1998 through 9 January 2001; and
c. adding to item 13 of his DD Form 214 the Army Good Conduct Medal
(4th Award).
__________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) AR20100029077
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20100029077
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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