BOARD DATE: 8 October 2013
DOCKET NUMBER: AR20130002405
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) and correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show this medal.
2. He states:
a. He believes he qualified for award of the AGCM for his active duty service as an enlisted Soldier from 19 August 1999 to 18 August 2001. He received an honorable discharge and his character of service was in accordance with Army Regulation 600-8-22 (Military Awards), paragraph 4-6(b), as evidenced by the Army Achievement Medal he received.
b. He suspects his company commander thought he had to complete 3 years of service in order to qualify for this award. His company commander overlooked him because Soldiers with 2-year contracts didn't appear on the quarterly unit AGCM eligibility roster. However, he is eligible based on Army Regulation
600-8-22, paragraph 4-5(c).
c. The U.S. Army Enlisted Records and Evaluation Center denied his request because it didn't include a memorandum from his company commander supporting his request. His company commander left the Army in 2002 and he doesn't know how to contact him.
d. The U.S. Army Human Resources Command (HRC) is mistakenly treating this as a performance award. To be awarded the AGCM Soldiers don't need to be great performers, they just need to avoid getting into trouble. He was awarded an Army Achievement Medal for great performance and there is absolutely no adverse information in his performance or restricted folders for the period in question.
3. He provides his DD Form 214 and a letter from the HRC Awards and Decorations Branch.
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 in the Army National Guard in the rank of first lieutenant.
3. The applicant enlisted in the Regular Army on 19 August 1999.
4. A review of his service records revealed:
* he was advanced to the rank of private first class (PFC) on 19 August 2000
* no orders or recommendation for award of the AGCM
* no disciplinary actions or evidence disqualifying him by his chain of command for award of the AGCM
5. He was honorably released from active duty on 18 August 2001 in the rank of PFC after completing 2 years of total active military service with no lost time.
6. His DD Form 214 shows award of the Army Lapel Button, Army Achievement Medal, Armed Forces Expeditionary Medal, and Army Service Ribbon.
7. He enlisted in the Army National Guard on 19 August 2001 and was discharged on 13 August 2007 for the purpose of accepting an appointment as a commissioned officer. His National Guard Bureau Form 22 (Report of Separation and Record of Service) does not show award of the AGCM. He was appointed as a second lieutenant in the Army National Guard on 14 August 2007.
8. He provided a letter from the Assistant Chief, Awards and Decorations Branch, HRC, dated 1 November 2012, regarding his request for award of the AGCM. The official stated this office was unable to authorize him the medal at this time and the decision to award the AGCM to a Soldier rested with the commander of the unit to which the Soldier was assigned at the time eligibility was attained.
9. Army Regulation 600-8-22 states 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 Federal military service. Although there is no automatic entitlement to the AGCM, disqualification must be justified.
DISCUSSION AND CONCLUSIONS:
1. The applicant's service records are void of orders which show he was awarded the AGCM for the period 19 August 1999 to 18 August 2001.
2. There is no evidence available which indicates he received any disciplinary action or a commander's disqualification for award of the AGCM during his active duty enlisted service.
3. Therefore, he should be awarded the AGCM (1st Award) for the period 19 August 1999 to 18 August 2001 and his DD Form 214 should be corrected 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. awarding him the AGCM (1st Award) for the period 19 August 1999 to 18 August 2001 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) AR20130002405
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