IN THE CASE OF:
BOARD DATE: 22 April 2014
DOCKET NUMBER: AR20130015367
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:
* she completed a qualifying period of service of less than 3 years but more than 1 year for the first award of the AGCM after the period of service for which she received the Army Reserve Components Achievement Medal (ARCAM)
* the period of service for the AGCM is from 9 January 2012 to 27 February 2013
* during her demobilization process from Kuwait at Fort Gordon, Georgia, she presented a copy of her orders to the official preparing her DD Form 214 (Certificate of Release or Discharge from Active Duty)
* she requested to have the AGCM included on her DD Form 214
* she was told that her unit should have awarded her the AGCM in order for it to be added to her DD Form 214
* she contacted the unit that she was attached to during her mobilization several times since March 2013
* she has not received the award yet
* she understands that she meets the requirements to receive the AGCM and she is waiting to receive it so it can be included in her promotion packet
3. The applicant provides:
* Order Number 028354, dated 5 January 2012
* Order Number 048511, dated 23 February 2012
* Orders 12-055-00002, dated 24 February 2012
* Orders BN-072-0018, dated 12 March 2012
* Orders 058-2237, dated 27 February 2013
* DD Form 214, dated 27 February 2013
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in pay grade E-3 in the U.S. Army Reserve for 8 years on 24 July 2008. She completed training as a paralegal specialist. She was promoted through the ranks to sergeant/pay grade E-5.
2. 81st Regional Support Command Order Number 028354, dated 5 January 2012, ordered the applicant to active duty for operational support for a period of 71 days effective 9 January 2012.
3. 81st Regional Support Command Order Number 048511, dated 23 February 2012, amended Order Number 028354 to show the active duty period as 58 days (through 6 March 2012).
4. USAR Joint and Special Troops Command Orders 12-055-00002, dated 24 February 2012, ordered the applicant to active duty in support of Operation Enduring Freedom for a period of 393 days effective 7 March 2012.
5. U.S. Army Installation Management Command Orders 058-2237, dated 27 February 2013, released the applicant from active duty effective 27 February 2013.
6. The applicant served on continuous active duty from 9 January 2012 through 27 February 2013, a period of 1 year, 1 month, and 19 days.
7. Item 12a (Date Entered Active Duty This Period) of the applicant's DD Form 214 for the period ending 27 February 2013 shows she entered active duty on 7 March 2012. Item 12c (Net Active Service This Period) shows she was credited with completing 11 months and 21 days of net active service during this period. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) does not show she was awarded the AGCM.
8. Army Regulation 600-8-22 (Military Awards) 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 active Federal military service. For the first award only, the AGCM is awarded upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year. Although there is no automatic entitlement to the AGCM, disqualification must be justified.
9. There is no evidence in her records of any court-martial convictions, personnel actions, or statements that would justify disqualification for award of the AGCM.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions have been noted and her supporting evidence has been considered.
2. The supporting evidence clearly shows she was serving on continuous active duty under Title 10 from 9 January 2012 through 27 February 2013.
3. There is no evidence in her records of any court-martial convictions, personnel actions, or statements that would justify disqualification for award of the AGCM. In accordance with Army Regulation 600-8-22, she should be awarded the AGCM (1st Award) for the period 9 January 2012 through 27 February 2013 and her DD Form 214 should be corrected to show this award.
4. As a related issue, the applicant's DD Form 214 currently shows she entered on active duty on 7 March 2012 and she was credited with 11 months and 21 days of net active service during this period. However, the evidence of record shows she entered on active duty on 9 January 2012. She served on continuous active duty from 9 January 2012 through 27 February 2013, a period of 1 year, 1 month, and 19 days. Therefore, her DD Form 214 should be amended to show the date she actually entered active duty and her proper active duty service credit.
BOARD VOTE:
__X____ ___X____ ___X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was 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 her the AGCM (1st Award) for the period 9 January 2012 through 27 February 2013 and
b. amending her DD Form 214 for the period ending 27 February 2013 to show:
* item 12a 9 January 2012
* item 12c 1 year, 1 month, and 19 days
* item 13 AGCM (1st Award)
_______ _ 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) AR20130015367
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ABCMR Record of Proceedings (cont) AR20130015367
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