BOARD DATE:	  15 August 2013

		DOCKET NUMBER:  AR20130000395 


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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Army Good Conduct Medal (AGCM) (2nd Award).

2.  The applicant states he served in the Army National Guard (ARNG) for about 2 years and 10 months and in the Regular Army (RA) for almost 5 years.  It took nearly 5 years before he was awarded the AGCM (1st Award).

3.  The applicant provides a copy of his 28 July 2005 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 ARNG of the United States (ARNGUS) and North Dakota ARNG (NDARNG) on 25 February 1998.  He was ordered to initial active duty for training (ADT) on 28 May 1998.

3.  A DD Form 214 shows the applicant was honorably released from ADT on
2 December 1998 based on completion of required active service and transferred to his NDARNG unit.

   a.  He completed 6 months and 5 days of net active service during this period.

   b.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded the Army Service Ribbon.

4.  A National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) shows the applicant enlisted on 25 February 1998 and he was honorably discharged from the NDARNG on 21 December 2000 to enlist in the RA.

   a.  He completed 2 years, 9 months, and 27 days of net service this period.

   b.  Item 15 (Decorations, Medals, Badges, Commendations and Campaign Ribbons Awarded This Period) shows he was awarded the Army Service Ribbon.

5.  The applicant enlisted and entered active duty in the RA on 22 December 2000.

6.  The applicant's Enlisted Record Brief, dated 5 July 2005, shows in section VIII (Awards and Decorations) he was awarded the AGCM (1st Award).

7.  The applicant's DD Form 214 shows he was honorably discharged from the RA on 28 July 2005.  

   a.  He had completed 4 years, 7 months, and 7 days of net active service during this period and 6 months and 5 days of total prior active service.

	b.  Item 13 shows the Army Good Conduct Medal (1st Award).

8.  A review of the applicant's military personnel records failed to reveal a copy of the orders awarding him the AGCM (1st Award).

9.  A review of the applicant's military personnel records failed to reveal evidence of any disciplinary actions, adverse information, or a commander's disqualification for the AGCM. 
10.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.  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 active Federal military service.  

	a.  The qualifying periods of service must be continuous enlisted active Federal service.  

	b.  Although there is no automatic entitlement to the AGCM, disqualification must be justified.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his 28 July 2005 DD Form 214 should be corrected to show award of the AGCM (2nd Award) because he completed more than 7 years of military service, but he was only awarded the AGCM (1st Award).

2.  Records show the applicant enlisted in the NDARNG on 25 February 1998.

   a.  He completed ADT during the period 28 May through 2 December 1998, credited with 6 months and 5 days of active service, and transferred back to his NDARNG unit.  This period of active service was not qualifying for award of the AGCM (1st Award).

   b.  He was honorably discharged from the NDARNG on 21 December 2000.  

   c.  There is no evidence he was mobilized for active Federal military service (emphasis added) during the period of his service with the NDARNG.
   
   d.  Thus, the evidence of record fails to show that the applicant's service in the NDARNG qualified him for award of the AGCM (1st Award).

3.  Records show the applicant entered active duty in the RA on 22 December 2000 and he was awarded the AGCM (1st Award).  (A copy of the award order is not available for review.)

4.  There is no evidence of any disciplinary actions, adverse information, or a commander's disqualification for the AGCM.  Thus, it is reasonable to conclude that the period of the applicant's first award of the AGCM was from 22 December 2000 to 21 December 2003 (i.e., 3 years of active Federal military service).

5.  Based on the foregoing, the qualifying period for the applicant's eligibility for a second award of the AGCM began on 22 December 2003.

6.  The applicant was honorably discharged on 28 July 2005.  Thus, he did not complete a second qualifying period of 3 years of active Federal military service for award of the AGCM (2nd Award).

7.  Therefore, in view of the foregoing, there is insufficient evidence to support award of the AGCM (2nd Award) in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__X___  __X______  __X______  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.




      _______ _ 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)                                         AR20130000395



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ABCMR Record of Proceedings (cont)                                         AR20130000395



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