IN THE CASE OF:
BOARD DATE: 20 December 2012
DOCKET NUMBER: AR20120011075
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).
2. He states he served from September 2003 to September 2006 without any Uniform Code of Military Justice actions against him and he received an honorable discharge.
3. He 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 10 September 2003 and he held military occupational specialty 11B (Infantryman). On 1 April 2005, he was promoted to specialist (SPC)/E-4.
3. His record shows he served in Iraq from 14 October 2004 to 25 September 2005.
4. Headquarters, 1st Battalion, 24th Infantry Regiment, Permanent
Orders 086-001 show the applicant was awarded the Army Achievement Medal for meritorious service for the period 25 May 2004 to 9 September 2006.
5. There is no indication of any derogatory information in the form of nonjudicial punishment, a record of court-martial, or lost time in his record. Additionally, there is no documentation that shows his commander found him to be disqualified for award of the AGCM.
6. He was honorably released from active duty on 9 September 2006. He completed 3 years of creditable active service with no lost time. His DD Form 214 does not list the AGCM.
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 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:
He served honorably during the period 10 September 2003 through 9 September 2006 as verified by his promotion to SPC and meritorious service award. His records do not contain any derogatory information in the form of nonjudicial punishment, court-martial, or lost time. Additionally, there are no entries in his records to indicate his commander denied him this award. Therefore, he should be awarded the AGCM (1st Award) and his DD Form 214 should be corrected to show this award.
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:
* awarding him the AGCM (1st Award) for the period 10 September 2003 through 9 September 2006
* adding the AGCM (1st Award) 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) AR20120011075
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20120011075
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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