IN THE CASE OF:
BOARD DATE: 14 July 2011
DOCKET NUMBER: AR20100030321
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 add the first award of the Army Good Conduct Medal.
2. The applicant states:
* the Army Good Conduct Medal for his first 3 years should be added to his DD Form 214
* he qualified for this ribbon, but the paperwork was never processed and thus is not indicated on his DD Form 214
* he was in good standing and should have received this award/ribbon
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 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. He enlisted in the Regular Army on 4 June 1986 for a period of 4 years. He completed his training and was awarded military occupational specialty 31C (single channel radio operator). On 3 January 1990, he was honorably discharged for immediate reenlistment. He reenlisted on 4 January 1990 for a period of 3 years. He served in Southwest Asia from 27 September 1990 to 8 April 1991. He was honorably discharged on 6 January 1993.
3. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show the Army Good Conduct Medal as an authorized award.
4. Permanent Orders 167-36, dated 25 October 1990, show he was awarded the Army Good Conduct Medal (1st Award) for the period 4 June 1986 to 3 June 1989.
5. A memorandum, dated 24 July 1992, shows he was disqualified for award of the Army Good Conduct Medal for the period June 1989 to June 1992 based on a bar to reenlistment and Uniform Code of Military Justice action (two Article 15's).
DISCUSSION AND CONCLUSIONS:
Orders show he was awarded the Army Good Conduct Medal (1st Award). His DD Form 214 should be corrected to show this medal.
BOARD VOTE:
____X____ ___X_____ ___X_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 Army Good Conduct Medal (1st Award) 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) AR20100030321
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20100030321
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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