IN THE CASE OF:
BOARD DATE: 25 October 2011
DOCKET NUMBER: AR20110018307
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 19 August 1999 and 18 August 2002.
2. The applicant states he is missing the AGCM for his first term of service. He further states the AGCM was not listed on his DD Form 214 after 3 years of service without any discipline problem.
3. The applicant provides his DD Form 214 (Certificate of Release or Discharge from Active Duty).
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 currently serves as an enlisted Soldier in the Regular Army, in the rank/grade of sergeant first class (SFC)/E-7. He enlisted in the RA on 19 August 1999, completed training, and was awarded military occupational specialty 11B (Infantryman).
3. On 18 August 2002, he was honorably released from active duty in the rank/grade of corporal (CPL)/E-4. His DD Form 214 shows he completed 3 years of net active service during this period of enlistment, including 4 months and 1 day 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.
4. On 16 May 2003, he again enlisted in the RA, where he has since served.
5. Permanent Order 205-203, Detachment B, 510th Personnel Battalion, dated 24 July 2006, awarded him the AGCM (2nd Award), for the period 16 May 2003 through 15 May 2006.
6. Permanent Order 312-08, Headquarters, 1st Battalion, 10th Special Forces Group (Airborne), dated 8 November 2006, awarded him the AGCM (1st Award), for the period 16 May 2003 through 15 May 2006.
7. His record is void of a disqualification memorandum or any other derogatory information such as a court-martial, nonjudicial punishment, lost time, or suspension of favorable personnel actions which would have disqualified him from receiving his first award of the AGCM at the conclusion of his initial enlistment.
8. 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:
1. The applicant requests award of the AGCM for his service between 19 August 1999 and 18 August 2002. The evidence of record shows he served honorably on active duty during the period 19 August 1999 through 18 August 2002. 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.
2. The evidence of record further shows that the two orders awarding him the AGCM (1st and 2nd Awards) are in conflict; each order covers the same period of service and neither order addresses his first period of honorable active service. Therefore, it would be appropriate to revoke Permanent Order 312-08, which awarded him the AGCM (1st Award), as that period of service is correctly accounted for in his AGCM (2nd Award) order, Permanent Order 205-203.
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:
* revoking Permanent Order 312-08 and removing it from, and not filing the revocation orders in, his official records
* awarding him the AGCM (1st Award) for exemplary behavior, efficiency, and fidelity during the period 19 August 1999 through 18 August 2002
* amending item 13 of his DD Form 214, for the period ending 18 August 2002, 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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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110018307
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