IN THE CASE OF:
BOARD DATE: 27 March 2012
DOCKET NUMBER: AR20110015188
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.
2. The applicant states he never received an Army Good Conduct Medal. He thought the Army Good Conduct Medal was automatically awarded to those who completed an honorable enlistment. The applicant believes the award was accidentally omitted from his DD Form 214 (Certificate of Release or Discharge from Active Duty).
3. The applicant provides 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 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 Regular Army on 21 August 1996 and successfully completed basic and advanced individual training. He was awarded military occupational specialty 63B (Light Wheel Vehicle Mechanic).
3. Permanent Order 047-09, dated 16 February 1999, issued by Headquarters, 3rd Battalion (Airborne), 4th Air Defense Artillery Regiment, shows the applicant was awarded the Driver and Mechanic Badge with Driver-W Bar.
4. Permanent Orders 218-2, dated 27 July 1999, issued by Headquarters, 82nd Airborne Division, show the applicant was awarded the Army Commendation Medal.
5. On 20 August 1999, he was honorably released from active duty in the rank of specialist (SPC)/E-4 after completing 3 years of creditable active service with no lost time.
6. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded:
* Army Service Ribbon
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Parachutist Badge
7. There is no evidence he received the Army Good Conduct Medal. There also is no evidence he was disqualified by his chain of command from receiving the Army Good Conduct Medal. His records do not contain any adverse information.
8. Army Regulation 600-8-22 (Military Awards) 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 Army Good Conduct Medal, disqualification must be justified.
DISCUSSION AND CONCLUSIONS:
1. The applicant was released from active duty in the rank of SPC with 3 years of creditable active service with no lost time. His records contain no derogatory information. It appears he met the eligibility criteria for the first award of the Army Good Conduct Medal for the period 21 August 1996 through 20 August 1999 based on completion of a period of qualifying service. Therefore, he should be awarded the Army Good Conduct Medal and it should be added to his DD Form 214.
2. The applicant was awarded the Army Commendation Medal and Driver and Mechanic Badge with Driver-W Bar. Therefore, his DD Form 214 should be amended to add these awards.
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 21 August 1996 through 20 August 1999 and
b. amending item 13 of his DD Form 214 to add:
* Army Commendation Medal
* Army Good Conduct Medal (1st Award)
* Driver and Mechanic Badge with Driver-W Bar
_____________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) AR20110015188
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ABCMR Record of Proceedings (cont) AR20110015188
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