IN THE CASE OF:	  

		BOARD DATE:	    19 September 2013

		DOCKET NUMBER:  AR20130001280 


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 for the period 30 September 1992 through 30 September 1995.

2.  The applicant states he was not awarded the Army Good Conduct Medal after 3 years with no nonjudicial punishments (NJP's), disciplinary infractions, or court-martial offenses.

3.  The applicant provides no additional evidence.

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.  On 30 September 1992, the applicant enlisted in the Regular Army for a period of 4 years.  He completed training as a combat engineer.  After completing 3 years, 3 months, and 27 days of honorable service, he reenlisted in the RA for a period of 3 years on 26 January 1996.

3.  The applicant's commanding officer prepared a memorandum for record, dated 16 April 1998, listing the names of unit Soldiers who were not recommended for award of the Army Good Conduct Medal due to misconduct or unfitness.  The applicant's name is shown on that list.

4.  On 29 April 1998, the applicant accepted NJP for physically controlling a vehicle, a passenger car, while drunk on 9 April 1998.

5.  On 20 May 1998, the applicant was notified that he was being recommended for discharge under the provisions of Army Regulation 635-200 (Personnel Separations), paragraph 14-12c, due to misconduct – commission of a serious offense.  He acknowledged receipt of the notification and he elected not to consult with counsel or to submit a statement in his own behalf.

6.  The appropriate authority approved the recommendation for discharge and directed the issuance of a discharge under honorable conditions (general).  On 27 May 1998, the applicant was discharged as recommended and approved.

7.  Award of the Army Good Conduct Medal is not shown on the applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty).

8.  Other than the NJP he accepted on 29 April 1998, there is no evidence in his records of any court-martial convictions, unfavorable personnel actions, or statements that would justify his disqualification for award of the Army Good Conduct Medal for his first 3 years of service.

9.  Army Regulation 600-8-22 (Military Awards) states of the Army Good Conduct Medal is awarded for exemplary behavior, efficiency, and fidelity in active Federal military service.  It is awarded on a selective basis to each Soldier who distinguishes himself or herself from among his or her fellow Soldiers by his or her exemplary conduct, efficiency, and fidelity throughout a specified period of continuous enlisted active Federal military service.  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.  Any one of the following periods of continuous enlisted active Federal military service qualifies for award of the Army Good Conduct Medal:

* each 3 years completed on or after 27 August 1940
* for the first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946
* for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year
* for the first award only, upon termination of service on or after 27 June 1950 of less than 1 year when final separation was by reason of physical disability incurred in line of duty
* for the first award only, those individuals who died before completing 1 year of active Federal service if the death occurred in the line of duty

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been noted.

2.  The applicant enlisted in the RA on 30 September 1992.  His initial 3 years of service ended on 29 September 1995.  There is no evidence in his records of any court-martial convictions, unfavorable personnel actions, or statements that would justify his disqualification for award of the Army Good Conduct Medal for his first 3 years of service.

3.  In accordance with the applicable regulation, the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity.  After 27 August 1940, each 3 years of continuous enlisted active Federal military service qualifies for award of the Army Good Conduct Medal.

4.  The applicant was not disqualified for award of the Army Good Conduct Medal until the incident that occurred on 9 April 1998.

5.  In view of the forgoing, the applicant's records should be corrected as recommended below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ___X___  ___X____  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 partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding him the Army Good Conduct Medal (1st Award) for exemplary conduct, efficiency, and fidelity for the period 30 September 1992 through 29 September 1995 and amending his DD Form 214 to show this award.

2.  The Board further determined 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 30 September 1992 through 30 September 1995.



      _______ _  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)                                         AR20130001280



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ABCMR Record of Proceedings (cont)                                         AR20130001280



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