IN THE CASE OF:
BOARD DATE: 6 October 2011
DOCKET NUMBER: AR20110005029
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 (AGCM).
2. The applicant states he was never disciplined during his service and he separated under the Voluntary Early Release Program (VERP). He was assured that it would not affect him negatively in any way. Accordingly, he should have been awarded the AGCM.
3. The applicant provides:
* copies of training certificates
* his award of the Army Commendation Medal (ARCOM)
* his DD Form 214 (Certificate of Release or Discharge from Active Duty)
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 29 October 1992 for a period of 2 years and 17 weeks. He completed his one-station unit training as an indirect fire infantryman at Fort Benning, GA. He was transferred to Korea on 16 March 1993.
3. He completed his tour in Korea on 12 March 1994 and he was transferred to Fort Carson, CO where he remained until he was honorably released from active duty (REFRAD) on 20 December 1994 under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), paragraph 16-8 and the VERP due to reduction in force. He served 2 years, 1 month, and 22 days of creditable active service. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:
* Army Commendation Medal
* National Defense Service Medal
* Army Lapel Button
* Army Service Ribbon
* Overseas Service Ribbon
4. A review of his official record shows no derogatory information that would serve to disqualify him for award of the AGCM.
5. Army Regulation 600-8-22 (Military Awards) states 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.
6. Army Regulation 600-8-22 states the Korea Defense Service Medal (KDSM) is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea. The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.
DISCUSSION AND CONCLUSIONS:
1. The applicants contentions have been noted and appear to have merit.
2. After carefully examining the applicants record of service, it appears that the applicant should have received the first award of the AGCM for his service from 29 October 1992 through 20 December 1994. This conclusion is based on the fact that the record is void of any derogatory information which would preclude the applicant from being awarded the AGCM and the lack of any specific action by the applicants unit commander to disqualify him from receiving this award.
3. The evidence suggests that the applicant not receiving the AGCM was likely the result of an administrative error as opposed to it being the result of a conscious disqualification by any of his unit commanders. Therefore, in the interest of justice, the applicant should be awarded the AGCM at this time and his DD Form 214 should be corrected to show this award.
4. Additionally, the applicant served during a qualifying period of service for entitlement to the KDSM. Accordingly, 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
29 October 1992 through 20 December 1994, and
b. adding to item 13 of his DD Form 214 the:
* Army Good Conduct Medal (1st Award)
* Korea Defense Service Medal
_______ _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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