IN THE CASE OF:	  

		BOARD DATE:	  24 January 2013

		DOCKET NUMBER:  AR20120013220 


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) 2nd Award and that the Army Commendation Medal (ARCOM) 2nd Award and Army Achievement Medal (3rd Award) be added to her 1 July 2004 DD Form 214 (Certificate of Release of Discharge from Active Duty).  

2.  The applicant states she never received the second award of the AGCM after completing six years of active duty service and that a few awards she earned were not listed on her 2004 DD Form 214.   

3.  The applicant provides five DA Forms 638 (Recommendations for Awards) in support of her request.  

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’s record shows she enlisted in the Regular Army on 30 June 1998.  She was trained in and awarded military occupational specialty (MOS) 92F (Petroleum Supply Specialist) and sergeant/E-5 is the highest grade she attained while serving on active duty.  

3.  The record shows the applicant served In Southwest Asia (SWA) from 
28 March to 30 September 2002 and from 6 March to 28 August 2003.  Her record is void of derogatory information or a unit commander disqualification that would have precluded award of the AGCM 2nd Award.  

4.  The record shows she earned the following awards during her active duty tenure:
* AAM (2nd Award)
* AGCM
* National Defense Service Medal
* Global War on Terrorism Expeditionary Medal
* Global War on Terrorism Service Medal
* Noncommissioned Officer’s Professional Development Ribbon
* Army Service Ribbon

5.  On 1 July 2004, the applicant was honorably released from active duty, in the grade of SGT/E-5, after completing 6 years and 2 days of honorable active duty service.  The DD Form 214 she was issued does not include the AGCM (2nd Award), ARCOM (2nd Award), and AAM (3rd Award).   

6.  The applicant provides DA Forms 638 that show she received three awards of the AAM for meritorious achievement during the period 12 September to 
15 October 2001, and the first award of the ARCOM for meritorious service during the period 15 September 2000 through 11 January 2002; and the second award of the ARCOM for meritorious achievement during the period 20 March through 1 September 2003.  These forms also show these awards were authorized and announced in official orders.  The DD Form 368 documenting award of the second ARCOM erroneously lists the recommended award as the ARCOM (3OLC), which would represent the fourth award of the ARCOM.  There are no records or orders on file or provided by the applicant that would support award of a third or fourth award of the ARCOM. 



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.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request to be awarded the AGCM (2nd Award) and to add the ARCOM (2nd Award) and AAM (3rd Award) to her DD Form 214 has been carefully considered and found to have merit.  

2.  The evidence of record confirms the applicant was awarded the AGCM (1st Award) for the period from 30 June 1998 to 29 June 2001.  Her record is void of derogatory information or a unit commander disqualification that would have precluded award of the AGCM (2nd Award).  Therefore, it would be appropriate to award her the AGCM (2nd Award) for her qualifying period of honorable active duty service from 30 June 1998 to 29 June 2001.  

3.  The applicant provides a DA Form 638 that confirms she was awarded the AAM (3rd Award) for meritorious achievement during the period 12 September to 
15 October 2001.  She also provides a DA Form 638 that show he was awarded the ARCOM (1st Award) for meritorious service during the period 15 September 2000 through 11 January 2002; and a DA Form 638 that, notwithstanding the error in the recommended award which indicates ARCOM (3OLC), awarded her the ARCOM (2nd Award) for meritorious achievement during the period 20 March through 1 September 2003.  Therefore, it would also be appropriate to add these awards to her 2004 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:

	a.  awarding her the AGCM (2nd Award) for her qualifying period of honorable active duty service from 30 June 1998 to 29 June 2001; and 

	b.  adding the AGCM (2nd Award), ARCOM (2nd Award) and AAM 
(3rd Award) to her 1 July 2004 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)                                         AR20120013220



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ABCMR Record of Proceedings (cont)                                         AR20120013220



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