IN THE CASE OF:
BOARD DATE: 16 July 2013
DOCKET NUMBER: AR20120022034
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 the 2nd award of the Army Good Conduct Medal.
2. The applicant states he was outprocessing during the time his second Army Good Conduct Medal should have been awarded to him. The applicant states the award is not in his personnel service record. The applicant further states he enlisted in the Air National Guard on 24 March 2010 and he would like to have his records current.
3. The applicant provides his DD Form 214 (Certificate of Release or Discharge from Active Duty).
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 November 1993. He completed training and he was awarded military occupational specialty (MOS) 63E (M1 Abrams Tank System Mechanic).
3. His record contains four DA Forms 2166-7 (NCO Evaluation Report) for the period March 1993 through February 2000 that shows he was rated as successful and fully capable for promotion.
4. Item 9 (Awards, Decorations, and Campaigns) of his DA Form 2-1 (Personnel Qualification Record) shows among other awards the Army Good Conduct Medal (1st Award).
5. On 7 January 1997, he was honorably discharged for the purpose of immediate reenlistment. He completed 3 years, 1 month, and 28 days of creditable active service this period with no lost time. On 8 January 1997, he reenlisted for a period of 3 years.
6. On 7 March 2000, he was honorably released from active duty by reason of completion of required active service. He completed 6 years, 3 months, and
28 days of creditable active service with no time lost. He attained the rank/grade of sergeant (SGT)/E-5. The DD Form 214 he was issued at the time shows among other awards the Army Good Conduct Medal.
7. There is no evidence the applicant received the 2nd award of the Army Good Conduct Medal. There is no evidence of any derogatory information or a commander's disqualification that would have precluded the applicant from being recommended for or awarded the 2nd award of the Army Good Conduct Medal.
8. Army Regulation 600-8-22 (Military Awards) provides that 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 Good Conduct Medal, disqualification must be justified.
DISCUSSION AND CONCLUSIONS:
1. The applicant's DA Forms 2166-7 show he was rated as successful and fully capable. He was honorably released from active duty in the rank/grade of SGT/E-5 with 6 years, 3 months, and 28 days of creditable active service with no time lost. His records contain no derogatory information or a commander's disqualification that would have precluded him from being recommended for or awarded the 2nd award of the Army Good Conduct Medal.
2. It appears an administrative error occurred that resulted in the applicant not being recommended for or awarded the 2nd award of the Army Good Conduct Medal.
3. In view of the foregoing, it would be appropriate at this time to award him the Army Good Conduct Medal (2nd Award) for the period 10 November 1996 through 9 November 1999 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:
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:
a. deleting from his DD Form 214 the Army Good Conduct Medal;
b. awarding him the Army Good Conduct Medal (2nd Award) for the period
10 November 1996 through 9 November 1999; and
c. adding to his DD Form 214 the Army Good Conduct Medal (2nd Award).
_______ _ 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) AR20120022034
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ABCMR Record of Proceedings (cont) AR20120022034
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