IN THE CASE OF:
BOARD DATE: 10 January 2013
DOCKET NUMBER: AR20120011763
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.
2. The applicant states he served 4 years in the Regular Army (RA) from
3 October 2006 to 2 October 2010. During that time he never received a Good Conduct Medal. This is unjust as he had no negative actions during his active duty service. His unit had a list of Soldiers who were not eligible for the award. Although there was no reason, the commander and first sergeant refused to award him the award.
3. The applicant provides his DD Form 214 (Certificate of Release or Discharge from Active Duty).
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the RA on 30 October 2006. He completed training and was awarded military occupational specialty 88K (Watercraft Operator).
2. His Enlisted Record Brief shows he:
* served in Haiti from 6 February to 27 March 2010
* was awarded the Army Achievement Medal, National Defense Service Medal, Global War on Terrorism Service Medal, Humanitarian Service Medal, Army Service Ribbon, and the Military Outstanding Volunteer Service Medal
3. He was honorably released from active duty on 2 October 2010 as a specialist/E-4. He had completed 4 years of net active service. His DD Form 214 shows there is no record of lost time and he was awarded or authorized the:
* Army Achievement Medal
* National Defense Service Medal
* Global War on Terrorism Service Medal
* Humanitarian Service Medal
* Army Service Ribbon
* Military Outstanding Volunteer Service Medal
* Marksman Marksmanship Qualification Badge with Rifle and Pistol Bars
4. 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.
DISCUSSION AND CONCLUSIONS:
The applicantÂ’s records show he distinguished himself in the performance of his military service as evidenced by him attaining the rank of SP4 and receiving a personal decoration. Furthermore, there is no evidence of any misconduct or disciplinary action or a commander's disqualification for award of the Army Good Conduct Medal. It is presumed that he did not receive the Army Good Conduct Medal due to an oversight. Accordingly, he should be awarded the Army Good Conduct Medal (1st Award) and the award added to his 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 awarding him the first award of the Army Good Conduct Medal for the period from 3 October 2006 to 2 October 2009 and adding the 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) AR20110004971
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110011763
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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