IN THE CASE OF:
BOARD DATE: 19 October 2011
DOCKET NUMBER: AR20110009424
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) for his service in the Regular Army (RA) between 23 August 2004 and 13 February 2008.
2. The applicant states:
* he was told he would receive the award in the mail following his separation
* he has not received it by mail and it has not been posted to his Interactive Personnel Electronic Records Management System (iPERMS) account
* he did not receive nonjudicial punishment (NJP) under the Uniform Code of Military Justice (UCMJ) during his period of active duty
* its omission was an oversight by the RA
3. The applicant provides his DD Form 214 (Certificate of Release or Discharge from Active Duty) and Orders 024-0702, Headquarters, U.S. Army Garrison, Fort Sill, OK, dated 24 January 2008.
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 RA on 23 August 2004. He completed training and was awarded military occupational specialty 63B (Wheeled Vehicle Mechanic).
3. His records show he deployed in support of Operation Iraqi Freedom from 7 October 2005 through 7 October 2006.
4. On 13 February 2008, he was honorably released from active duty in the rank/grade of specialist/E-4. The DD Form 214 he was issued shows he completed 3 years, 5 months, and 21 days of creditable active service, including 1 year and 1 month of foreign service. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not indicate he was previously awarded the AGCM.
5. His record is void of official orders awarding him the AGCM. Additionally, his record is void of a disqualification memorandum or any other derogatory information such as a court-martial, NJP, lost time, or suspension of favorable personnel actions which would have disqualified him from receiving his first award of the AGCM.
6. Army Regulation 600-8-22 (Military Awards) provides that 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.
DISCUSSION AND CONCLUSIONS:
The applicant contends that his DD Form 214 should be corrected to show award of the AGCM. The available evidence confirms he served honorably on active duty during the period 23 August 2004 and 13 February 2008. His records contain no derogatory information or evidence that shows he was denied award of the AGCM; therefore, it would be appropriate to award him the first award of the AGCM and to correct his DD Form 214 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 the evidence presented is 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 (1st Award) for exemplary behavior, efficiency, and fidelity during the period 23 August 2004 through 22 August 2007
* amending item 13 of his DD Form 214 to add 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.
ABCMR Record of Proceedings (cont) AR20100009472
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ABCMR Record of Proceedings (cont) AR20110009424
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