IN THE CASE OF:
BOARD DATE: 30 August 2011
DOCKET NUMBER: AR20110005048
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).
2. The applicant states he had no disciplinary action while he was in the service.
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 Army on 28 February 1977. His records show he completed training and was awarded the military occupational specialty 13B10 (Cannon Crewman). The highest rank/grade he attained while serving on active duty was specialist four/E-4.
3. His DD Form 214 contains the following information:
a. Item 12c (Net Active Service This Period) shows he completed 3 years.
b. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows award of the Army Commendation Medal, M-16 Expert Marksmanship Ribbon, and Hand Grenade (1st Class).
c. Item 24 (Character of Service) shows he received an honorable discharge characterization.
d. Item 28 (Narrative Reason for Separation) show he was discharge for completion of required service.
4. A review of his service record shows no derogatory information in the form of lost time, nonjudicial punishment, or suspension of favorable personnel actions that would disqualify him for the first award of the Army Good Conduct Medal during the period 28 February 1977 through 27 February 1980. There are also no entries in his record to indicate that his commanders denied him award of the Army Good Conduct Medal during this period of service.
5. 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:
1. The applicant's request that he should be awarded the Army Good Conduct Medal and his DD Form 214 should be corrected to show receipt of this award was carefully considered and determined to have merit.
2. The evidence of record confirms he served honorably on active duty during the 3-year period 28 February 1977 through 27 February 1980. His record is void any evidence that shows he had lost time or that he received nonjudicial punishment or court-martial action during that period of service.
3. There is no evidence of a suspension of favorable personnel actions or that his commander denied him award of the Army Good Conduct Medal during his period of service. Lacking any derogatory information on file that would have disqualified him, it would be appropriate to award him the Army Good Conduct Medal for the period 28 February 1977 through 27 February 1980 and to correct his records 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 Army Good Conduct Medal 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) AR20110005048
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ABCMR Record of Proceedings (cont) AR20110005048
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