BOARD DATE: 21 August 2012
DOCKET NUMBER: AR20120002614
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) and all other awards he may be entitled to receive.
2. The applicant states he was on active duty from 27 September 2007 to
1 November 2008 and he was never in any trouble.
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 applicants 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 applicants 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 New York Army National Guard (NYARNG) on 3 December 2002 and holds military occupational specialty 11B (Infantryman).
3. His DD Form 214 shows he entered active duty on 27 September 2007 and served in Afghanistan with Company A, 2nd Battalion, 108th Infantry Regiment from 22 December 2007 to 23 September 2008. He was honorably released from active duty on 1 November 2008.
4. His DD Form 214 shows he was ordered to active duty in accordance Title 10 of the U.S. Code (USC) in support of Operation Enduring Freedom. He completed 1 year, 1 month, and 5 days of net active service. This period of service included 9 months and 2 days of foreign service. His DD Form 214 does not list the AGCM.
5. His record does not contain any derogatory information.
6. There is no evidence that his unit was awarded any unit awards during the period he was assigned to the unit.
7. Army Regulation 600-8-22 (Military Awards) states the AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active 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. In a message, dated 8 February 2005, the Military Awards Branch, U.S. Army Human Resources Command, provided clarification on award of the AGCM. It stated Reserve Component (RC) Soldiers mobilized onto active duty under Title 10 are performing "active Federal military service" and are therefore eligible to be awarded the AGCM. The qualifying periods of service must be continuous enlisted active Federal service. The period of service for the AGCM begins and the Army RC Achievement Medal (ARCAM) ends the first day the mobilized RC Soldier is serving on active duty. The period of service for the AGCM ends the last day the mobilized RC Soldier is on active duty. The period of service for the ARCAM begins the day after the RC Soldier is off active duty. (Therefore, the RC Soldier's qualifying period of service for the ARCAM begins over from day one once the Soldier is off active duty. Any time prior to mobilization is lost and cannot count towards award of the ARCAM).
DISCUSSION AND CONCLUSIONS:
1. The applicant requests award of the AGCM and all other awards he may be entitled to receive.
2. The evidence of record shows he was ordered to active duty in accordance Title 10, USC and completed more than 1 year of active federal service. Additionally, there is no record of any derogatory information in his military record which would disqualify him from award of the AGCM. Therefore, he is entitled award of the AGCM (1st Award) for the period 27 September 2007 to
1 November 2008 and correction of his DD Form 214 to show this award.
3. There is no evidence of record showing he is entitled to additional awards.
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:
* awarding him the Army Good Conduct Medal (1st Award) for the period
27 September 2007 to 1 November 2008
* adding to his DD Form 214 for the period ending 1 November 2008 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) AR20120002614
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ABCMR Record of Proceedings (cont) AR20120002614
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