BOARD DATE:	  11 July 2013

		DOCKET NUMBER:  AR20130011278 


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 a second Army Good Conduct Medal (AGCM).

2.  The applicant states he never received his second AGCM for the period 5 September 1992 to 4 September 1995.  No documentation was put in his personal file showing his commander had denied him this award.  He was released from active duty at the expiration of his term of service on 24 March 1996.  He contends that there were no reasons during this period that he should have been denied a second AGCM.  Army Regulation 600-8-22 (Military Awards), paragraph 4-8c, requires the commander to prepare a memorandum stating the rationale for his or her decision to deny award of the AGCM.  This memorandum will include the period of disqualification and will be referred to the individual according to Army Regulation 600-37 (Unfavorable Information), paragraph 3-6.  The unit commander will consider the affected individual's statement.  If the commander's decision remains the same, the commander will forward his or her memorandum and the individual's statement and his or her consideration to the Commander, U.S. Army Enlisted Records and Evaluation Center, PCRE-RP, 8899 E. 56th Street, Indianapolis, IN  46249-5301.  These documents will be permanently filed in the Soldier's Official Military Personnel File (now known as the Army Human Resource Record (AMHRR)).  The commander will forward a copy of the documents to the Personnel Services Company and the personnel automation section chief to update the Electronic Military Personnel Office (e-MILPO).  He feels there was a delay in processing of the award by the U.S. Army Human Resources Command and it never went through the proper channels.  Nowhere in his permanent record is there anything that would justify not receiving the award.  No Uniform Code of Military Justice (UCMJ) action or other derogatory actions were committed during this time period.

3.  The applicant provides:

* DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 24 March 1996
* Permanent Orders 269-016, Headquarters, U.S. Army Armor Center and Fort Knox, Fort Knox, KY, dated 25 September 1992

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.  At the time of his application, the applicant was serving in the U.S. Army Reserve Active Guard Reserve Program in the rank of master sergeant/pay grade E-8.

3.  The applicant's records show he enlisted in the Regular Army on 5 September 1989.

4.  On 1 August 1991, the applicant was advanced to the rank of specialist/pay grade E-4.

5.  Permanent Orders 269-016, Headquarters, U.S. Army Armor Center and Fort Knox, Fort Knox, KY, dated 25 September 1992, show he was awarded the AGCM (1st Award) for the period 5 September 1989 to 4 September 1992.

6.  Orders 292-11, Detachment B, 38th Personnel Service Battalion, dated 19 October 1994, promoted the applicant to the rank of sergeant/pay grade E-5 with an effective date and date of rank of 1 November 1994.

7.  The applicant's DA Form 2A (Personnel Qualification Record – Part I) prepared on 20 February 1996 shows the applicant's rank as specialist with a date of rank of 29 September 1995.  This document also shows his beginning date for eligibility of the AGCM as September 1995.  A review of the applicant's available records failed to show any documentation regarding the applicant's reduction in rank.

8.  On 24 March 1996, the applicant was released from active duty in the rank of specialist/pay grade E-4.  His DD Form 214 shows:

	a.  he completed 6 years, 6 months, and 20 days of creditable active duty service;

	b.  his authorized awards included one AGCM; and

	c.  he was assigned a separation program designator code of "LCC" indicating he was involuntarily separated due to a reduction in force.

9.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	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.  In instances of disqualification for award of the AGCM 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.  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 that he should be awarded a second AGCM for the period 5 September 1992 to 4 September 1995 because his AMHRR does not contain any evidence of UCMJ action or a memorandum showing his commander denied him this award.

2.  The available evidence shows the applicant was awarded the AGCM (1st Award) for his first 3 years of active duty service ending on 4 September 1992.  Therefore, his next qualifying period for award of this medal was from 5 September 1992 to 4 September 1995.

3.  The evidence of record also indicates that he was reduced in rank from sergeant to specialist on 29 September 1995.  Unfortunately, the documentation describing the circumstances surrounding his reduction in rank/pay grade is not in his AMHRR.  It is reasonable to presume that whatever caused him to be reduced in rank also caused him to be unfavorably considered for award of the AGCM for the period ending 4 September 1995.  Any memorandum that the commander may have written at the time to deny him award of the AGCM was very likely filed with the documents directing his reduction in rank.  Although these documents are not in the available records, administrative regularity must be presumed.

4.  In view of the above, the applicant's request should be denied.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X____  ___X_____  ___X_____  DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      __________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)                                         AR20130011278



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ABCMR Record of Proceedings (cont)                                         AR20130011278



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