IN THE CASE OF:	  

		BOARD DATE:	  14 September 2011

		DOCKET NUMBER:  AR20110003818 


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 records to show award of the Army Good Conduct Medal.

2.  The applicant states he entered active duty on 1 February 1984 and was honorably separated on 30 January 1987.  There is no adverse or derogatory information in his record; therefore, based on the 3-year period of active service that he completed he is eligible for the Army Good Conduct Medal.  He adds that he was recently appointed as a commissioned officer in the U.S. Navy Nurse Corps and he would like his record to be accurate.

3.  The applicant provides a copy of his Army Achievement Medal certificate, four letters, and two certificates in support of his application.

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 1 February 1984 for a period of 3 years.  He was awarded military occupational specialty 91A (Medical Specialist).

3.  Headquarters, 5th Infantry Division (Mechanized), Fort Polk, LA, Permanent Orders 196-66, dated 21 November 1984, awarded the applicant the Army Achievement Medal for meritorious service from 7 September to 21 October 1984.

4.  The applicant was promoted to specialist four (SP4)/pay grade E-4 on
1 March 1985.

5.  A DD Form 214 (Certificate of Release or Discharge from Active Duty) shows the applicant entered active duty this period on 1 February 1984, was honorably released from active duty on 30 January 1987, and transferred to a U.S. Army Reserve unit.  He completed 3 years of net active service this period.  This DD Form 214 also shows in:

   a.  Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the Army Service Ribbon and Army Achievement Medal.

   b.  Item 29 (Dates of Time Lost During This Period) "None."

6.  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).

7.  In support of his application, the applicant provides the following documents.

   a.  A DA Form 4980-18 (Army Achievement Medal Certificate), dated
20 November 1984, issued to the applicant for outstanding performance during his deployment to the Federal Republic of Germany on exercise REFORGER 84.

   b.  Commanding General, Fort Polk, letter, dated 31 December 1984, awarding the applicant the "Red Devil Chip" for exemplary performance of duty.


   c.  5th Infantry Division (Mechanized), Fort Polk, Certificate of Achievement, dated 26 March 1986; Division Support Command (DISCOM), 5th Infantry Division (Mechanized), Fort Polk, letter, dated 7 February 1986; DA Form 2442 (Certificate of Achievement), dated 28 February 1986; and Headquarters, 5th Infantry Division (Mechanized), Fort Polk, letter, dated 3 March 1986, commending the applicant on his selection as the 4th Main Support Battalion, DISCOM, "Soldier of the Month" [respectively] for February 1986.

   d.  Headquarters, 5th Infantry Division, (Mechanized), Fort Polk, letter, dated 3 July 1986, commending the applicant on his selection as the DISCOM "Outstanding Soldier" for the first quarter of 1986.

8.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.  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:

1.  The applicant served a qualifying period of active enlisted service for award of the Army Good Conduct Medal (1st Award) from 1 February 1984 through
30 January 1987.  He was:

   a.  awarded the Army Achievement Medal in November 1984;

   b.  promoted to SP4/E-4 on 1 March 1985; and

   c.  selected as the 4th Main Support Battalion, DISCOM "Soldier of the Month" in February 1986 and as the DISCOM "Outstanding Soldier" for the first quarter of 1986.

2.  There is no evidence of any disciplinary actions, adverse information, or a commander's disqualification for award of the Army Good Conduct Medal (1st Award).

3.  Therefore, based on the available evidence, it would be appropriate to award the applicant the Army Good Conduct Medal (1st 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:

	a.  awarding him the Army Good Conduct Medal (1st Award) for the period
1 February 1984 through 30 January 1987;

	b.  adding the Army Good Conduct Medal (1st Award) to item 13 of his DD Form 214; and

	c.  providing him a document to show the above award.




      _______ _   _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)                                         AR20110003818



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ABCMR Record of Proceedings (cont)                                         AR20110003818



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