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ARMY | BCMR | CY2012 | 20120000009
Original file (20120000009.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:	    17 May 2012

		DOCKET NUMBER:  AR20120000009 


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 that the Army Good Conduct Medal (AGCM) be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  The applicant states, in effect, per Army Regulation 600-8-22 (Military Awards), chapter 4, paragraph 4-2a, he meets the eligibility requirements and per paragraph 4-5c, he meets the qualifying period of service to be awarded the AGCM.

3.  The applicant provides a copy of 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 2 May 1984.  He completed basic combat and advanced individual training and was awarded military occupational specialty 94B (Food Service Specialist).  The highest rank/grade he attained while serving on active duty was specialist four/E-4.

3.  The applicant's record shows he earned the following awards during his active duty tenure:

* Army Service Ribbon (ASR)
* Army Achievement Medal (AAM)
* Overseas Service Ribbon (OSR)
* Noncommissioned Officer Professional Development Ribbon with numeral one
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)

4.  The applicant’s record is void of derogatory information or a unit commander disqualification that would have precluded award of the AGCM.

5.  On 11 March 1987, the applicant was honorably released from active duty after completing 2 years, 10 months, and 10 days of active military service.  The applicant's DD Form 214 does not include the AGCM.

6.  Chapter 4 of the awards regulation prescribes the policy for award of the 
AGCM.  It states, in pertinent part, 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, in which case a period of more than 1 year is a qualifying period.  Although there is no automatic entitlement to the AGCM, disqualification must be justified.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request that the AGCM be added to his DD Form 214 has been carefully considered and is found to have merit.

2.  The applicant’s record is void of any derogatory information or a unit commander disqualification that would have precluded award of the AGCM.  As a result, it would be appropriate to award the applicant the AGCM for his qualifying honorable active duty service from 22 May 1984 through 3 March 1987, and to add this award to his record and DD Form 214.



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 the applicant the AGCM (1st award) for the period 2 May 1984 through 11 March 1987 , and

   b.  adding the AGCM to his DD Form 214.




      _______ _  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)                                         AR20120000009





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ABCMR Record of Proceedings (cont)                                         AR20120000009



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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