BOARD DATE: 19 October 2011
DOCKET NUMBER: AR20110006463
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 military records to show award of the Army Good Conduct Medal (AGCM).
2. The applicant states he served 3 years honorably and did not receive an AGCM. He never had any disciplinary action taken against him.
3. The applicant provides copies of his DD Form 214 (Certificate of Release or Discharge from Active Duty) and his Enlisted Record Brief (ERB).
CONSIDERATION OF EVIDENCE:
1. On 15 August 2006, the applicant enlisted in the Regular Army. He completed his initial training, to include the Basic Airborne Course, and was awarded military occupational specialty 11B (Infantryman with parachutist qualification).
2. Records show the applicant served in Afghanistan from 30 June 2008 to
19 June 2009.
3. The applicant was promoted through the ranks to sergeant, pay grade E-5.
4. On 1 January 2010, the applicant was released from active duty and transferred to Company C, 1st Battalion, 116th Infantry Regiment, Reserve component, located in Christiansburg, Virginia. He had completed
3 years, 4 months, and 17 days of creditable active duty service with no lost time and was given a reenlistment code (RE) of 1, indicating he was fully eligible for reenlistment.
5. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 lists his awards as:
* Afghanistan Campaign Medal with bronze service star
* North Atlantic Treaty Organization (NATO) Medal
* Army Commendation Medal (two awards)
* Army Achievement Medal
* National Defense Service Medal
* Global War on Terrorism Service Medal
* Army Service Ribbon
* Overseas Service Ribbon
* Combat Infantryman Badge
* Parachutist Badge
6. Army Regulation 600-8-22 (Military Awards):
a. provides that 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 Good Conduct Medal, disqualification must be justified.
b. states that in instances of disqualification as determined by the unit commander, the commander will prepare a statement of the rationale for his or her decision. This statement will include the period of disqualification and will be referred to the individual concerned for response. The unit commander will consider the individuals statement. If the commanders decision remains the same, the commander will forward his or her statement, the individuals statement, and his or her consideration for permanent filing in the individuals Official Military Personnel File (OMPF). The immediate commanders decision to award the Army Good Conduct Medal will be based on his or her personal knowledge and of the individuals official records for the periods of service under previous commanders during the period for which the award is to be made. However, there is no right or entitlement to the medal until the immediate commander has approved the award and the award has been announced in permanent orders.
DISCUSSION AND CONCLUSIONS:
1. The applicants records show that he distinguished himself in the performance of his military service as evidenced by his advancement to sergeant, pay grade E-5, three personal decorations, and satisfactory service in combat as shown by his award of the Combat Infantryman Badge. There is no evidence of record showing that he had ever received any disciplinary action, or that the commander ever had any reason to deny award of the AGCM. Therefore, it is presumed that his not receiving an Army Good Conduct Medal for his service was an oversight.
2. In view of the above, the applicant should be awarded the Army Good Conduct Medal.
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 for the period 15 August 2006 to 14 August 2009; and
b. showing that, in addition to the awards already shown on his DD Form 214, his authorized awards include the Army Good Conduct 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.
ABCMR Record of Proceedings (cont) AR20110006463
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