IN THE CASE OF:
BOARD DATE: 14 August 2012
DOCKET NUMBER: AR20120002982
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 and correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show this medal and to show he served in primary military occupational specialty (PMOS) 11C (Indirect Fire Infantryman) for 3 years, 3 months, and 23 days instead of 2 years and 11 months.
2. He states he served over 3 years with no nonjudicial punishment or other disciplinary action against him but never received the Army Good Conduct Medal. He attempted to contact his S-1 and the unit refused to assist him because he was no longer on active duty.
3. He provides his DD Form 214 and a letter from the U.S. Army Human Resources Command to his elected representative indicating he had not provided sufficient evidence to support awarding him the Army Good Conduct Medal.
CONSIDERATION OF EVIDENCE:
1. His military records show he enlisted in the Regular Army on 2 February 2006. He completed initial entry training and was awarded MOS 11C on an unknown date; his records do not contain MOS orders. The highest rank/grade he held on active duty was specialist/E-4.
2. His DD Form 214 shows he was honorably released from active duty on 24 May 2009 and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation. He completed 3 years, 3 months, and 23 days of total active service.
3. His DD Form 214 shows "11C1O INDIRECT FIRE INFANTRY 2 YRS 11 MOS" in item 11 (Primary Specialty).
4. His DD Form 214 does not show award of the Army Good Conduct Medal. It does, however, show he was awarded two Army Commendation Medals.
5. Orders B-08-005110 published by the U.S. Army Human Resources Command, dated 4 August 2010, show he was promoted to the rank/grade of sergeant/E-5 in the USAR Control Group (Reinforcement) effective 4 August 2010.
6. His records are void of any orders or other documents that indicate he was ever recommended for or awarded the Army Good Conduct Medal by proper authority. His records are also void of any evidence of adverse actions or a disqualification by his chain of command for award of the Army Good Conduct Medal.
7. Army Regulation 600-8-22 (Military Awards) states 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.
8. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army. It establishes standardized policy for preparing and distributing the DD Form 214. It states to enter the titles of all MOS's served for at least 1 year and include for each MOS the number of years and months served. For the time determination, 16 days or more count as a month. Do not count basic training and advanced individual training. For an enlisted Soldier, also specify the first five characters of the primary MOS code, which includes the three characters of the MOS, the fourth character of skill and grade level in the MOS, and the fifth character of a special qualification identifier, if applicable. Enter "O" when not applicable.
DISCUSSION AND CONCLUSIONS:
1. The applicant completed 3 years of continuous enlisted active Federal military service. He attained the rank of specialist and was awarded two Army Commendation Medals. There is no record of any disciplinary action or disqualification by his chain of command for award of the Army Good Conduct Medal. He was then promoted to the rank of sergeant 1 year later in the USAR Control Group (Reinforcement). As such, it is reasonable to presume he distinguished himself by his conduct, efficiency, and fidelity and met the criteria for award of the Army Good Conduct Medal. Therefore, it would be appropriate to award him the Army Good Conduct Medal (1st Award) for the period 2 February 2006 through 1 February 2009 and to correct his DD Form 214 to show this award.
2. Initial entry training is not counted in determining years and months for each MOS served. Based on the available evidence, it appears the difference between the 2 years and 11 months shown in item 11 and his total active service of 3 years, 3 months, and 23 days accounts for his initial entry training. Therefore, he is not entitled to the requested relief.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____X____ ___X_____ ____X____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial 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 2 February 2006 through 1 February 2009 and adding this award to his DD Form 214.
2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so
much of the application that pertains to correction of his DD Form 214 to show he served in PMOS 11C for 3 years, 3 months, and 23 days.
_____________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) AR20120002982
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