BOARD DATE: 23 June 2011
DOCKET NUMBER: AR20110001838
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 and correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show this award and the Army Achievement Medal.
2. The applicant states he should have been awarded the Army Good Conduct Medal but he never was. His service was exemplary and he never received any disciplinary action of any kind.
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. With respect to the Army Achievement Medal, the applicant's records contain a DD Form 215 (Correction to DD Form 214), dated 9 November 2010, that added award of the Army Achievement Medal. The applicant was provided with a copy of this form by separate correspondence. This issue will not be discussed further in the Record of Proceedings.
3. The applicant's records show he enlisted in the Regular Army for 3 years on 8 March 1984 and held military occupational specialty 95B (Military Policeman).
4. He served in a variety of stateside and overseas assignments including Germany from 4 September 1985 to 11 February 1987 and he attained the rank/grade of specialist four (SP4)/E-4.
5. He was honorably released from active duty on 12 February 1987 by reason of a reduction in authorized strength and he was transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his Reserve obligation. He was assigned a reenlistment code of 1A, indicating he was fully qualified for reenlistment.
6. 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.
7. His record is void of official orders awarding him the Good Conduct Medal. Additionally, his record is void of a disqualification memorandum or any other derogatory information such as a court-martial, nonjudicial punishment, lost time, or suspension of favorable personnel actions (flag) which would have disqualified him from receiving his first award of the Good Conduct Medal.
8. 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:
The available evidence confirms he served honorably on active duty during the period 8 March 1984 through 12 February 1987. He was fully eligible to reenlist on the date of separation and his records contain no derogatory information or evidence that shows he was denied award of the Good Conduct Medal. Therefore, it would be appropriate to award the applicant the first award of the Good Conduct Medal 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 awarding him the Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 8 March 1984 through 12 February 1987 and adding it 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) AR20110001838
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ABCMR Record of Proceedings (cont) AR20110001838
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