IN THE CASE OF:
BOARD DATE: 29 October 2013
DOCKET NUMBER: AR20130003593
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 was honorably discharged with no disciplinary action during his tour of duty. He believes he should be awarded the AGCM.
3. The applicant provides his DD Form 214 (Certificate of Release or Discharge from Active Duty).
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. He enlisted in the Regular Army on 15 January 1988. After completing his training he was assigned to the 502nd Military Intelligence Company, Germany. Item 5 (Overseas Service) of his DA Form 2-1 (Personnel Qualification Record) shows he completed an 18-month overseas tour.
3. A review of his service records revealed:
* he was advanced to the rank of specialist four (SP4)/E-4 on 1 December 1988
* no orders or recommendation for award of the AGCM
* no disciplinary action or evidence disqualifying him by his chain of command for award of the AGCM
4. He was honorably released from active duty on 10 January 1990 in the rank of SP4 after completing 1 year, 11 months, and 26 days of total active military service with no lost time.
5. His DD Form 214 shows award of the Army Service Ribbon, Marksman Marksmanship Qualification Badge with Rifle Bar (M-16), and Expert Marksmanship Qualification Badge with Grenade Bar.
6. Army Regulation 600-8-22 (Military Awards) states:
a. 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.
b. The Overseas Service Ribbon (OSR) is awarded for successful completion of overseas tours.
DISCUSSION AND CONCLUSIONS:
1. His record is void of orders awarding him the AGCM. A review of his military service record did not reveal any disciplinary action or a commander's disqualification for award of the AGCM during his active duty enlisted service. Therefore, he should be awarded the AGCM (1st Award) for the period
15 January 1988 through 10 January 1990.
2. He completed an overseas tour of duty in Germany which qualifies him for the award of the OSR.
3. His DD Form 214 should be corrected to show these awards.
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 15 January 1988 to
10 January 1990; and
b. adding the AGCM (1st Award) and OSR 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) AR20130004063
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20130003593
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