Search Decisions

Decision Text

ARMY | BCMR | CY2011 | 20110001838
Original file (20110001838.txt) Auto-classification: Approved

	
		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 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.  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



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110001838



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2009 | 20090012594

    Original file (20090012594.txt) Auto-classification: Approved

    A review of the applicant's service record shows no derogatory information in the form of nonjudicial punishment, lost time, or suspension of favorable personnel action that would have disqualified him for the first award of the Army Good Conduct Medal. Army Regulation 600-8-22 (Military Awards) provides that the 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. ...

  • ARMY | BCMR | CY2011 | 20110003818

    Original file (20110003818.txt) Auto-classification: Approved

    The applicant requests correction of his records to show award of the Army Good Conduct Medal. The applicant's military service records do not contain any disciplinary actions, adverse information, or a commander's disqualification for award of the Army Good Conduct Medal (1st Award). 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 1 February 1984...

  • ARMY | BCMR | CY2010 | 20100025150

    Original file (20100025150.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Army Good Conduct Medal (AGCM) (3rd Award) and the National Defense Service Medal (NDSM). The applicant's military personnel file does not contain any derogatory information or a commander's disqualification for award of the AGCM for the period 22 September 1987 to 21 September 1990. Therefore, he is entitled to the AGCM (3rd Award) for the period 22 September...

  • ARMY | BCMR | CY2013 | 20130013253

    Original file (20130013253.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the Army Achievement Medal and issuance of the medal. 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. As a result, the Board recommends that all Department of the Army records of the...

  • ARMY | BCMR | CY2012 | 20120000009

    Original file (20120000009.txt) Auto-classification: Approved

    It states, in pertinent part, that the AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service. As a result, it would be appropriate to award the applicant the AGCM for his qualifying honorable active duty service from 22 May 1984 through 3 March 1987, and to add this award to his record and DD Form 214. As a result, the Board recommends that all Department of the Army records of the...

  • ARMY | BCMR | CY2003 | 2003085434C070212

    Original file (2003085434C070212.rtf) Auto-classification: Approved

    The applicant's record contains no evidence of a record of nonjudicial punishment, nor any reference to an award of, or of a disqualification for award of, the Army Good Conduct Medal. The applicant was promoted to pay grade E-4 during his period of service, completed the Primary Leadership Development Course, and received two awards of the Army Achievement Medal. That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was...

  • ARMY | BCMR | CY2013 | 20130007074

    Original file (20130007074.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Army Good Conduct Medal. A review of the applicant's service record shows no derogatory information in the form of time lost, nonjudicial punishment, or suspension of favorable personnel actions which would disqualify him for the first award of the Army Good Conduct Medal. Army Regulation 600-8-22 (Military Awards) states the Army Good Conduct Medal is awarded to...

  • ARMY | BCMR | CY2009 | 20090001224

    Original file (20090001224.txt) Auto-classification: Approved

    Army Regulation 600-8-22 (Military Awards) provides that the 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. The evidence of record shows that in addition to the KLM-SA (shown as the Kuwait Liberation Medal on his DD Form 214), the applicant is also entitled to award of the KLM-K and correction of his records to show this award. Therefore, the applicant should be...

  • ARMY | BCMR | CY2008 | 20080017802

    Original file (20080017802.txt) Auto-classification: Approved

    The applicant states, in effect, that he completed three years of honorable service with no derogatory information and should have been awarded the Good Conduct Medal. The evidence of record shows that the applicant served in Afghanistan from 27 March 2005 to 26 March 2006 and was awarded the Afghanistan Campaign Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding the applicant the Good Conduct Medal (1st...

  • ARMY | BCMR | CY2009 | 20090003703

    Original file (20090003703.txt) Auto-classification: Approved

    There are no orders in the applicant's records that show he was awarded the Army Good Conduct Medal. Army Regulation 600-8-22 (Military Awards) provides that the 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. Lacking any derogatory information on file that would have disqualified him, it would be appropriate to award the applicant the first award of the Army Good...