IN THE CASE OF:	  

		BOARD DATE:  17 September 2013

		DOCKET NUMBER:  AR20130000625 


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 Memorandum, Subject:  Disapproval of Award of the Good Conduct Medal, dated 28 October 2005, be reconsidered and that he be awarded the Army Good Conduct Medal for the period 21 May 2002 to 20 May 2005.

2.  He states:

	a.  he was deployed in support of Hurricane Katrina and Rita Relief Efforts during the qualifying period for the Army Good Conduct Medal.  He wasn't given a chance to review the documents.  The documents were submitted when he expressed to a Sergeant First Class (SFC) L_____ and Sergeant (SGT) G_____ that he was not going to reenlist in order to save his marriage.  

	b.  the Army Good Conduct Medal is a service award, not an achievement award in accordance with Army Regulation 600-8-22 (Military Awards), paragraphs 4-1, 4-7, and 4-8.  The intent of the award is to be awarded for exemplary behavior, efficiency, and fidelity in active Federal military service by showcasing individual and exemplary conduct.  

	c.  he requests reconsideration because enclosure 3 is not in the interactive Personnel Electronic Records Management System (iPERMS) or attached to any document within his record which shows the Army Good Conduct Medal for the period 21 May 2002 to 20 May 2005.  

   d.  he has provided additional documents that will determine he was not contacted during his deployment to the Katrina/Rita Hurricane Relief Efforts.  Upon his return, he was not counseled by his unit but instead by Master Sergeant A____, an in-service recruiter who processed his contract into the Georgia Army National Guard (GAARNG).  
   
   e.  he believes his decision to join the ARNG was the reason he was disqualified from the medal even after he served honorably at home and was deployed abroad during that period of service.  

3.  He provides:

* Self-authored statement
* Memorandum in question
* Statement from commanding officer
* DD Form 4 (Enlistment/Reenlistment Document)
* DA Form 7249 (Certificate and Acknowledgement of Service Requirements and Methods of Fulfillment for Individuals Enlisting or Transferring into Units of the Army National Guard upon REFRAD [release from active duty]/Discharge from the Active Army Service)
* DD Form 2648 (Preseparation Counseling Checklist)

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 is currently serving the ARNG in the rank of staff sergeant.

3.  He enlisted in the Regular Army on 4 September 1991 and continued to serve on active duty through a series of reenlistments.  He served in Iraq from 4 May 2004 to 5 May 2005.


4.  His service record includes the following orders:

   a.  Permanent Orders 88-1, dated 31 October 1994, published by the 55th Personnel Services Battalion (PSB), Europe, awarding him the Army Good Conduct Medal (1st Award) for the period 4 September 1991 to 3 September 1994.
   
   b.  Permanent Orders 068-33, dated 9 March 1998, published by Bravo Detachment, 18th PSB, Fort Bragg, NC, awarding him the Army Good Conduct Medal (2nd Award) for the period 4 September 1994 to 3 September 1997.
   
   c.  Permanent Orders 361-001, dated 26 December 2000, 90th PSB, Europe, awarding him the Army Good Conduct Medal (3rd Award) for the period 4 September 1997 to 3 September 2000.

5.  His service record is void of evidence which indicates his unit commander disqualified him from receiving the Army Good Conduct Medal (4th Award) for the period 4 September 2000 to 3 September 2003.  There are no orders awarding him the Army Good Conduct Medal (3rd Award) for this period of qualifying service.  

6.  He provided a DD Form 4 which indicates he enlisted in the Army National Guard of the United States (ARNGUS) on 24 October 2005 while concurrently serving in the Regular Army.  

7.  In a memorandum, Subject:  Disapproval of Award of the Good Conduct Medal, dated 28 October 2005, the applicant's commanding officer (CO) stated that it was his intent to disqualify the applicant for the Army Good Conduct Medal for the period 21 May 2002 to 20 May 2005.  The CO stated his rationale was at enclosure 3.  A review of the applicant's service records in the interactive Personnel Electronic Records Management System failed to reveal a copy of enclosure 3.  The applicant did not sign the memorandum or make an election whether he was making a rebuttal.  This memorandum was filed on the performance section of his Army Military Human Resources Record (AMHRR).  

8.  On 28 October 2005, his CO forwarded a statement to the Commander, U.S. Army Infantry Center, Fort Benning, GA stating the individuals concerned had been presented with the unfavorable information (Enclosure 3) and refused to acknowledge by signature.  The CO directed the disqualification stand and that the correspondence be filed in accordance with Army Regulation 600-37 (Unfavorable Information) and Army Regulation 640-10 (Individual Military Personnel Records).

9.  He was discharged from the Regular Army on 6 January 2006 at the completion of required active service.  His DD Form 214 for this period shows one award of the Army Good Conduct Medal.

10.  He was ordered to active duty on 26 December 2008 in support of Multi-National Force Observer, Sinai.  He served in Egypt from 24 January to 10 December 2009 and was REFRAD on 5 January 2010.  He was issued a DD Form 214 for this period of active duty which shows he was awarded the Army Good Conduct Medal (3d Award).  

11.  He was ordered to active duty on 5 March 2010 in support of Operation Iraqi Freedom/New Dawn and was REFRAD on 9 May 2011.  His DD Form 214 for this period of active duty shows award of the Army Good Conduct Medal (3d Award).  

12.  Army Regulation 600-8-22 prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.  It states:

   a.  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.  

   b.  In instances of disqualification as determined by the unit commander, the commander will prepare a statement of the rationale for his or her decision.  This statement will include the period of disqualification and will be referred to the individual concerned for response.  The unit commander will consider the individual’s statement.  If the commander’s decision remains the same, the commander will forward his or her statement, the individual’s statement, and his or her consideration for permanent filing in the individual’s AMHRR (formerly the Official Military Personnel File (OMPF)).  The immediate commander’s decision to award the Army Good Conduct Medal will be based on his or her personal knowledge and of the individual’s official records for the periods of service under previous commanders during the period for which the award is to be made.  However, there is no right or entitlement to the medal until the immediate commander has approved the award and the award has been announced in permanent orders.


DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he wasn't given a chance to review the memorandum in question and the documents were submitted when he expressed to a SFC and SGT that he wasn't going to reenlist in order to save his marriage.  However, the evidence of record does not support his claims.  

2.  The unit commander's statement (enclosure 3) of the rationale disqualifying the applicant for award of the Army Good Conduct Medal for the period 21 May 2002 to 20 May 2005 is not available.  The memorandum was filed on the performance portion of his AMHRR.  

3.  Permanent orders show he was awarded the Army Good Conduct Medal for the following periods of service:

* 4 September 1991 to 3 September 1994
* 4 September 1994 to 3 September 1997
* 4 September 1997 to 3 September 2000

4.  The period of qualifying service for the next award of the Army Good Conduct Medal would have been 4 September 2000 to 3 September 2003.  

5.  His service record does not show he was disqualified from receiving the fourth award of the Army Good Conduct Medal for the period 4 September 2000 to 3 September 2003.  Therefore, he should be awarded the Army Good Conduct Medal (4th Award) for the period 4 September 2000 to 3 September 2003 and his DD Form 214 for the period ending 9 May 2011 should be corrected to show this award.

6.  Therefore, the period of qualifying service (21 May 2002 to 20 May 2005) cited in the memorandum in question is incorrect.  

7.  Since it appears that an error exists in the applicant's records, it would be appropriate to remove the memorandum in question from his AMHRR.  









BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ____X___  ___X__ _  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

   a.  removing the Memorandum, Subject:  Disapproval of Award of the Good Conduct Medal, dated 28 October 2005, from the performance portion of his AMHRR;
   
   b.  awarding him the Army Good Conduct Medal (4th Award) for the period 4 September 2000 to 3 September 2003; and
   
   c.  deleting the Army Good Conduct Medal (3rd Award) from item 13 of his DD Form 214 for the period ending 9 May 2011 and replacing it with the Army Good Conduct Medal (4th Award).  

2.  The Board determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to awarding him the Army Good Conduct Medal for the period 21 May 2002 to 20 May 2005.



      _______ _  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)                                         AR20130000625



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ABCMR Record of Proceedings (cont)                                         AR20130000625



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