IN THE CASE OF:
BOARD DATE: 19 January 2012
DOCKET NUMBER: AR20110014606
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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Army Good Conduct Medal (AGCM), National Defense Service Medal (NDSM), and Global War on Terrorism Service Medal (GWOTSM).
2. He states he:
* enlisted in the Regular Army (RA) on 26 February 2004
* sustained a career ending left hip fracture while in basic training
* was transferred to the medical holding center and underwent a medical evaluation board
* was discharged with a service-connected disability aggravated in the line of duty
* Army Regulation 600-8-22 (Military Awards) indicates he is eligible for the above listed awards
3. He provides:
* DD Form 214
* DA Form 199 (Physical Evaluation Board (PEB))
* a self-authored statement
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's records show he enlisted in the RA on 26 February 2004.
3. His DA Form 2-1 (Personnel Qualification Record Part II) shows in:
a. item 5 (Overseas Service), no overseas service;
b. item 9 (Awards, Decorations, and Campaigns), he was awarded the AGCM, NDSM, GWOTSM; and
c. item 35 (Current and Previous Assignments), he was assigned to Company B, 1st Basic Training Battalion, 28th Infantry Regiment, Fort Jackson, SC, effective 5 March 2004.
4. He submitted a copy of his DA Form 199, dated 4 April 2006, which shows he underwent a PEB for left hip pain with history of a femoral neck fracture. He was found to be physically unfit and recommended a rating of 0 percent.
5. On 26 August 2004, the applicant was honorably discharged by reason of disability with severance pay. He had completed 6 months and 1 day of active service. Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicants DD Form 214 does not show any awards.
6. The applicants record contains a DD Form 215 (Correction of DD Form 214, Certificate of Release or Discharge from Active Duty), dated 30 November 2011, which shows item 13 of his DD Form 214 was corrected to add the NDSM and GWOTSM. As a result, these service medals will not be discussed any further in this record of proceedings.
7. Army Regulation 600-8-22 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.
8. Army Regulation 600-8-22, states that continuous enlisted active Federal military service qualifies for award of the AGCM for first award only, upon termination of service, on or after 27 June 1950, of less than 1 year when final separation was by reason of physical disability incurred in line of duty.
DISCUSSION AND CONCLUSIONS:
The available evidence shows he served honorably from 26 February to
26 August 2004. There is no evidence of any derogatory information in his record that would have disqualified him for award of the AGCM. Therefore, it would be appropriate to award the applicant the AGCM (1st Award) and correct his DD Form 214 to show this medal.
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:
a. awarding him the Army Good Conduct Medal (1st Award) for the
period 26 February to 26 August 2004;
b. adding the Army Good Conduct Medal (1st Award) to item 13 of his DD Form 214; and
c. providing him a document to show the above correction.
__________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) AR20110014606
2
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