BOARD DATE: 16 August 2011
DOCKET NUMBER: AR20110003398
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 her records to show she received two awards of the Army Good Conduct Medal.
2. The applicant states she received two Army Good Conduct Medals during her service and they are not listed on her DD Form 214 (Certificate of Release or Discharge from Active Duty). She states she was never court-martialed or disciplined in any way.
3. The applicant provides a copy of her DA Form 2-1 (Personnel Qualification Record - Part II).
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 June 1994. She completed training and was awarded military occupational specialty (MOS) 94B (Food Service Specialist).
3. The applicant's DA Form 2-1 shows in item 9 (Awards, Decorations and Campaigns) the National Defense Service Medal, Army Service Ribbon, Army Good Conduct Medal (1st Award), and the Marksmanship Qualification Badge with Rifle Bar.
4. The applicant's DD Form 214 shows she was honorably released from active duty on 29 December 2000 as a specialist/E-4. She had completed 6 years,
6 months, and 3 days of net active service.
5. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of her DD Form 214 shows the National Defense Service Medal, Army Lapel Button, Army Service Ribbon, and the Expert Marksmanship Qualification Badge with Rifle Bar.
6. The applicant's records contain a copy of the orders awarding her the Army Good Conduct Medal (1st Award) for the period 27 June 1994 through
26 June 1997. Her records do not contain any record of an award of the second award of the medal. There is no record of disciplinary actions or a commander's disqualification for award of the Army Good Conduct Medal (2d Award).
7. 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 applicants records shows she distinguished herself in the performance of her military service as evidenced by her attaining the rank of SP4 and honorable release from active duty. Furthermore, there is no evidence of any misconduct or disciplinary action or a commander's disqualification for award of the Army Good Conduct Medal (2d Award). It is presumed that she did not receive the second award due to an oversight. Accordingly, she should be awarded the Army Good Conduct Medal (2d Award) and it should be added to her DD Form 214.
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 her the Army Good Conduct Medal (2d Award) for the period
27 June 1997 through 26 June 2000 and adding it to item 13 of her 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) AR20100020123
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ABCMR Record of Proceedings (cont) AR20110003398
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