BOARD DATE: 29 January 2013
DOCKET NUMBER: AR20120012483
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 to be awarded the Army Good Conduct Medal (AGCM) and correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show it.
2. The applicant states he served honorably for 3 years and was never the subject of negative counseling or nonjudicial punishment. He believes he met the criteria for award of the AGCM; however, he never received it.
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 13 August 1986 for a period of 3 years and training as an infantryman. He completed one-station unit training at Fort Benning, Georgia, and was transferred to Fort Lewis, Washington, for his first duty assignment.
3. On 21 March 1988 he was transferred to Korea where he served until 20 July 1989 before being transferred to the Presidio of San Francisco, California. He was honorably released from active duty (REFRAD) on 12 August 1989 at the expiration of his term of service. He completed 3 years of active service. His DD Form 214 issued at the time of his REFRAD shows he was awarded or authorized the Army Service Ribbon, Overseas Service Ribbon, and Expert Marksmanship Qualification Badge with Rifle and Hand Grenade Bars.
4. A review of his official records fails to show any derogatory information that would serve to disqualify him for award of the AGCM.
5. 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:
1. The applicant's contention that he should have been awarded the AGCM has been noted and appears to have merit.
2. A review of the applicant's record failed to contain any derogatory information that would serve to disqualify him for the first award of the AGCM. It appears that his not receiving the first award of the AGCM was the result of an administrative error. Therefore, it would be appropriate at this time to award him the first award of the AGCM for the period 13 August 1986 through 12 August 1989 and to correct his DD Form 214 to show this award.
BOARD VOTE:
___X__ _____X__ ___X_____ GRANT FULL RELIEF
________ ________ ________ 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 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 13 August 1986 through 12 August 1989 and adding it to his DD Form 214.
2. The Board wants the applicant and all others to know the sacrifices he made in service to the United States are deeply appreciated. The applicant and all Americans should be justifiably proud of his service in arms.
__________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) AR20120012483
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ABCMR Record of Proceedings (cont) AR20120012483
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