IN THE CASE OF:
BOARD DATE: 12 September 2013
DOCKET NUMBER: AR20130001621
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).
2. The applicant states he completed basic combat training and advanced individual training as an infantryman. He received a certificate of achievement and was advanced to private/pay grade E-2. He then completed the Basic Airborne Course and was awarded the Parachutist Badge.
a. While he was deployed, he was awarded the Belgian Parachutist Badge.
b. He was involuntarily separated due to asthma. He served with honor and believes that his active duty service meets the criteria for the AGCM (1st Award).
3. The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty) and AGCM award criteria.
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 24 February 1999 for a period of 3 years.
3. Item 17 (Civilian Education and Military Schools) of the applicant's DA Form 2-1 (Personnel Qualification Record Part II) shows:
* Infantryman, 14 weeks, 1999
* Basic Airborne, 3 weeks, 1999
4. He was promoted to private first class (PFC)/pay grade E-3 on 1 March 2000.
5. Headquarters, 82nd Airborne Division, Fort Bragg, NC, Orders 182-0257, dated 30 June 2000, reassigned the applicant for separation processing. The orders show his rank as PFC and his unit of assignment as Company C (Rifle), 2nd Battalion, 325th Infantry, Fort Bragg, NC.
6. The applicant's DD Form 214 shows he was honorably discharged on 18 July 2000 based on a disability that existed prior to service.
a. He completed 1 year, 4 months, and 25 days of net active service during this period.
b. He was awarded or authorized the:
* Army Lapel Button
* Army Service Ribbon
* Expert Marksmanship Qualification Badge with Rifle Bar
* Parachutist Badge
* Belgian Armed Forces Parachutist Badge
7. A review of the applicant's military personnel records failed to reveal any orders awarding him the AGCM (1st Award). This review also failed to reveal any evidence of any disciplinary actions, adverse information, or a commander's disqualification for award of the AGCM.
8. 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. Although there is no automatic entitlement to the AGCM, disqualification must be justified.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that he should be awarded the AGCM (1st Award) because he served honorably during the entire period of his active duty.
2. The applicant served a period of continuous honorable active duty enlisted service from 24 February 1999 through 18 July 2000.
a. He completed basic airborne training and was awarded the Parachutist Badge. He was also awarded the Belgian Armed Forces Parachutist Badge.
b. He was promoted to PFC/E-3 after 1 year of active service.
c. There is no evidence of any disciplinary actions, adverse information, or a commander's disqualification for the first award of the AGCM.
d. Despite the absence of the unit commander's recommendation for award of the AGCM (1st Award) at the time of the applicant's separation processing, it would be appropriate to award the applicant the AGCM (1st Award) for the period 24 February 1999 to 18 July 2000 based on the available evidence.
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. awarding him the AGCM (1st Award) for the period 24 February 1999 to 18 July 2000 while assigned to Company C (Rifle), 2nd Battalion, 325th Infantry, Fort Bragg, NC, and
b. adding award of the AGCM (1st Award) to his 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) AR20130001621
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20130001621
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2010 | 20100010095
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he was a paratrooper with the 1st Battalion, 325th Infantry, 82nd Airborne Division, Fort Bragg, NC; that he volunteered for service in Vietnam; and all of his authorized awards and decorations. (1) Special orders awarded the applicant MOS 36K2P and it is recorded in item 23a of his DD Form 214. (2) However, item 25 of his DD Form 214 does not show the training...
ARMY | BCMR | CY2012 | 20120009921
The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the awards he is entitled to for his deployments to: * Haiti, from July to September 1999 * Kosovo, from January to June 2001 2. Therefore, it would be appropriate to award him the first award of the Army Good Conduct Medal based on completion of a qualifying period of Federal military service and correct his records to show this award. As a result, the Board...
ARMY | BCMR | CY2014 | 2013001311437
Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualifying period of active duty enlisted service. The evidence of record also shows: a. the applicant served during four campaign periods and is entitled to four bronze service stars for wear on his already-awarded Vietnam Service Medal; and b. general orders awarded the applicant's unit the RVN Gallantry Cross with Palm Unit Citation. As a...
ARMY | BCMR | CY2013 | 20130011437
Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualifying period of active duty enlisted service. The evidence of record also shows: a. the applicant served during four campaign periods and is entitled to four bronze service stars for wear on his already-awarded Vietnam Service Medal; and b. general orders awarded the applicant's unit the RVN Gallantry Cross with Palm Unit Citation. As a...
ARMY | BCMR | CY2015 | 20150001089
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he was awarded the Armed Forces Expeditionary Medal (AFEM). As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 25 May 1995 through 24 May 1998; and b. adding to his DD Form 214 the Army...
ARMY | BCMR | CY2008 | 20080012076
The applicant requests in effect, that the records of his deceased father, a former service member (FSM), be corrected to show he was awarded the Bronze Star Medal (BSM) for valor, the Silver Star (SS), Purple Heart (PH) with 1st Oak Leaf Cluster (2nd Award), and Glider Infantry Badge; to show his eligibility for the French Fourragere, Belgian Fourragere, Netherlands Order of William, Belgium Order of the Day, and Netherlands Orange Lanyard; and that he be issued award certificates for the...
ARMY | BCMR | CY2009 | 20090018846
The applicant provides the following documents: a. a DA Form 638 (Recommendation for Award), dated 21 May 2001, recommending him for award of the Army Commendation Medal (ARCOM) for the period 14 April 1999 to 29 September 2001; b. a DA Form 638, dated 15 December 2000, awarding him the Army Achievement Medal (AAM) (1st oak leaf cluster) for the period 18 July 2000 to 20 January 2001, by 2nd Battalion 505th Parachute Infantry Regiment, Permanent Order Number 017-033, dated 8 January 2001; c....
ARMY | BCMR | CY2014 | 20140001621
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) as follows: * Item 4a (Grade, Rate or Rank) and 4b (Pay Grade) as sergeant (SGT)/E-5 instead of specialist (SPC)/E-4 * Item 11 (Primary Specialty) to add the skill qualification identifier (SQI) of "V" (Ranger) and the additional skill identifier (ASI) of B4 (Sniper) * Item 12f (Foreign Service) to add an additional 14 months of foreign service for a total of 21 months of foreign...
ARMY | BCMR | CY2007 | 20070007488C080407
The applicant requests, in effect, that Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) and Item 23a (Specialty Number & Title) of his 9 December 1968 separation document (DD Form 214) be corrected. Item 23a of the DD Form 214 he was issued shows he held the MOS 11C and Item 24 shows he earned the following awards: NDSM; VSM; RVNCM; CIB; Parachutist Badge; and ARCOM. As a result, the Board recommends that all Department of the Army...
ARMY | BCMR | CY2012 | 20120002943
The applicant met and exceeded the criteria for award of the Senior Parachutist Badge by participating in 40 jumps, of which there were 30 combat equipment jumps, 21 night jumps, 12 mass tactical jumps, 3 noncombat jumps serving as a jumpmaster, and successful completion of the Jumpmaster course. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Senior Parachutist Badge, effective 10 September 1992...