IN THE CASE OF:
BOARD DATE: 22 May 2014
DOCKET NUMBER: AR20130016281
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.
2. The applicant states he served honorably with no disciplinary actions during 3 years of active duty service.
3. The applicant provides his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 27 July 2008.
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 26 May 2005. He successfully completed training and he was awarded military occupational specialty 19D (Cavalry Scout).
3. The applicant served in Iraq from 29 September 2006 through 10 December 2007. During his service in Iraq, he participated in the following two campaigns:
* National Resolution (16 December 2005-9 January 2007)
* Iraqi Surge (10 January 2007-31 December 2008)
4. Section I (Assignment Information) of the applicant's Enlisted Record Brief shows no evidence of his records being flagged for favorable personnel actions. Section III (Service Data) shows his eligibility date for the Army Good Conduct Medal as 25 May 2008.
5. On 27 July 2008, he was honorably released from active duty in the rank of sergeant/E-5 after completing 3 years, 2 months, and 2 days of creditable active service with no lost time.
6. His DD Form 214 shows he was awarded or authorized the:
* Army Commendation Award (3rd Award)
* Army Achievement Award (2nd Award)
* National Defense Service Medal
* Global War on Terrorism Service Medal
* Iraq Campaign Medal with one bronze service star
* Army Service Ribbon
* Overseas Service Ribbon
* Combat Action Badge
7. His records do not contain any adverse information that would have precluded him from being recommended for or awarded the first award of the Army Good Conduct Medal. There is also no evidence the applicant was disqualified by his chain of command from receiving this award.
8. Army Regulation 600-8-22 (Military Awards) provides that the Army Good Conduct Medal 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 Army Good Conduct Medal, disqualification must be justified.
9. Army Regulation 600-8-22 also states a bronze service star is authorized for wear with the Iraq Campaign Medal for participation in each credited campaign.
DISCUSSION AND CONCLUSIONS:
1. The applicant was honorably released from active duty in the rank of sergeant with 3 years, 2 months, and 2 days of creditable active service with no lost time. It appears the applicant met the eligibility criteria for award of the Army Good Conduct Medal (1st Award) for the period 26 May 2005 through 25 May 2008. Therefore, it would be appropriate to award him the Army Good Conduct Medal (1st Award) for the period 26 May 2005 through 25 May 2008 and to correct his DD Form 214 to show this award.
2. His participation in two campaigns makes him eligible for two bronze service stars to be worn on his already-awarded Iraq Campaign Medal. His DD Form 214 should be corrected to show these service stars.
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 Army Good Conduct Medal (1st Award) for the period 26 May 2005 through 25 May 2008,
b. deleting award of the Iraq Campaign Medal with one bronze service star from his DD Form 214, and
c. adding award of the Army Good Conduct Medal (1st Award) and Iraq Campaign Medal with two bronze service stars 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) AR20130016281
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