BOARD DATE: 6 September 2011
DOCKET NUMBER: AR20110004141
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, in effect, award of the Army Good Conduct Medal (AGCM) and correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show this award.
2. The applicant states he served 3 years honorably and he did not receive an AGCM.
3. The applicant provides a copy of 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. The applicant enlisted in the Regular Army on 18 August 1999 for a period of 3 years. He completed training and he was awarded military occupational specialty 45E (Abrams Turret Mechanic).
3. He served in Kosovo during the period 19 June to 14 December 2000.
4. On 20 October 2001, the applicant was advanced to the rank/grade of specialist (SPC)/E-4.
5. On 17 August 2002, the applicant was honorably released from active duty at the completion of his required active service and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation. He completed 3 years of creditable active service. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded two awards of the Army Achievement Medal among other awards; however, it does not list the AGCM.
6. Army Regulation 600-8-22 (Military Awards) states:
a. the AGCM 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 AGCM, disqualification must be justified.
b. that in instances of disqualification, the unit commander will prepare a statement of the rationale for his/her decision. This statement will include the period of disqualification and will be referred to the individual concerned for response. After consideration, if the commanders decision remains the same, he/she will forward his/her statement, the individuals statement, and his/her consideration for permanent filing in the individuals Official Military Personnel File (OMPF). The immediate commanders decision to award the AGCM will be based on his/her personal knowledge and of the individuals official record for the period of service for which the award is to be made. However, there is no right or entitlement to the award until the immediate commander has approved the award and the award has been announced in permanent orders.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show award of the Army Good Conduct Medal because he honorably served his 3-year enlistment.
2. The applicants record shows he distinguished himself in the performance of his military service as evidenced by his advancement to SPC/E-4 and award of two Army Achievement Medals.
3. There is no evidence of record showing the applicant's commander took any action to deny him award of the Army Good Conduct Medal or that the commander had any reason to do so. Therefore, it appears he was not awarded the Army Good Conduct Medal as a result of an administrative oversight. Therefore, he should be awarded the Army Good Conduct Medal and his
DD Form 214 should be corrected 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:
a. awarding him the Army Good Conduct Medal (1st Award) for the period
8 August 1999 through 17 August 2002, and
b. adding to item 13 of his DD Form 214 the Army Good Conduct Medal
(1st 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.
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