IN THE CASE OF:	  

		BOARD DATE:	  16 February 2011

		DOCKET NUMBER:  AR20100030158 


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 that he served 4 years in the Regular Army as a model Soldier with no adverse actions taken against him and there is no reason he should not have received the AGCM.  He goes on to state that he subsequently served in the Army National Guard and he is now serving on active duty in the U.S. Air Force.  He now understands that he should have been awarded the AGCM.  He further states in order for is records to be accurate it is necessary to obtain the documentation for the AGCM.

3.  The applicant provides copies of his DD Forms 214 (Certificate of Release or Discharge from Active Duty) for the period ending 26 January 2002 and 24 April 2006.

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 27 January 1998 for a period of 4 years under the airborne/infantry training option.  He completed his training and he was transferred to Italy for assignment to the 1st Airborne Battalion Combat Team, 508th Infantry Regiment.

3.  He was promoted to the rank/grade of sergeant (SGT)/E-5 on 9 November 2000 and continued to serve in Italy until he was honorably released from active duty (REFRAD) on 26 January 2002 due to completion of required service.  He had served 4 years of total active service.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the
DD Form 214 for this period of service shows the:

* Army Achievement Medal (3rd award)
* Noncommissioned Officer Professional Development Ribbon
* Army Service Ribbon
* Overseas Service Ribbon
* Expert Infantryman Badge
* Parachutist Badge

4.  A review of his records failed to reveal any derogatory information that would serve to disqualify him for award of the AGCM.

5.  The applicant enlisted in the California Army National Guard (CAARNG) on 17 August 2002.  He was promoted to staff sergeant (SSG)/E-6 on 1 February 2004.  He was ordered to active duty in support of Operation Enduring Freedom on 7 November 2004.  He deployed to Egypt from 13 January 2005 to
21 January 2006.  On 24 April 2006, he was honorably REFRAD due to completion of required service.  Item 13 of the DD Form 214 for this period of service shows the:

* Army Commendation Medal
* Army Achievement Medal (3rd award)
* National Defense Service Medal
* Global War on Terrorism Expeditionary Medal
* Global War on Terrorism Service Medal
* Noncommissioned Officer Professional Development Ribbon
* Army Service Ribbon
* Overseas Service Ribbon
* Armed Forces Reserve Medal with "M" Device


* Multinational Force and Observers Medal (2nd award)
* Expert Infantryman Badge
* Parachutist Badge

6.  He was honorably discharged from the CAARNG on 21 June 2009 to enlist in any component of the Armed Forces.

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.

8.  Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states that awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 will be entered on the DD Form 214.  Each entry will be verified by the Soldier’s records.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that he should have been awarded the AGCM has been noted and appears to have merit.

2.  The applicant’s records contain no derogatory information or a disqualification from his commander during the period of 27 January 1998 through 26 January 2001.  Therefore, it would be appropriate to award him the AGCM for that period 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:

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 awarding him the Army Good Conduct Medal for the period 27 January 1998 through 26 January 2001 and adding this award to item 13 of his DD Form 214 for the period ending 24 April 2006.

2.  The Board wants the applicant and all others to know that the sacrifices he makes in service to the United States during the Global War on Terrorism 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)                                         AR20100030158



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ABCMR Record of Proceedings (cont)                                         AR20100030158



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