IN THE CASE OF:	  

		BOARD DATE:	  26 May 2014

		DOCKET NUMBER:  AR20130017481 


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 correction of his record to show he was awarded the Army Good Conduct Medal (AGCM) (6th Award).

2.  The applicant states he served on active duty for 20 years and should have six rather than four awards of the AGCM.  He was told he couldn't get this done before he actually retired.

3.  The applicant provides no additional documentation with his application.

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 (RA) on 26 March 1984. 

3.  During the above period he received four awards of the AGCM.  

4.  He also accepted nonjudicial punishment (NJP) under the provisions of Article 15, Uniform Code of Military Justice (UCMJ), on 20 February 1996 for being drunk and disorderly, assaulting a private first class, being disrespectful in language to a superior noncommissioned officer (NCO, his first sergeant(1SG) willfully disobeying a lawful order from his 1SG. and assaulting his 1SG.  His punishment was a reduction to the rank grade of specialist/E-4, a forfeiture of pay for two month, and 45 day of extra duty.

5.  He received another NJP on 15 November 1996, for violation of a lawful general regulation.

6.  Orders dated 19 December 1996 awarded the applicant the AGCM (4th award) for the period 26 March 1993 through 25 March 1996.  Orders were also issued on 28 February 1997 awarded the same award of the AGCM.

7.  The applicant was honorably discharged on 12 April 1999, a period of 15 years and 17 days, at the completion of required active service.  He immediately enlisted in the U.S. Army Reserve (USAR) in the rank/grade of sergeant (SGT)/E-5.

8.  The applicant returned to active duty as a USAR Soldier on three occasions and acquired sufficient service for retirement.  On 28 February 2009, he retired in the rank/grade of of staff sergeant/E-6 with 20 years and 24 days of active service.  None of those periods were at least 3 years in length.

9.  Army Regulation 600-8-22 (Military Awards) states:

	a.  the AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity.  Although there is no automatic entitlement to the AGCM, disqualification must be justified.  Any one of the following periods of continuous enlisted active Federal military service qualifies for award:

* Each 3 years completed on or after 27 August 1940

* For first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946


* For first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year
* For first award only, upon termination of service, on or after 27 June 1950, of less than 1 year when final separation was by reason of physical disability incurred in line of duty
* For first award only, for those individuals who died before completing 1 year of active Federal service if the death occurred in the line of duty.  

	b.  In instances of disqualification 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 Official Military Personnel File (OMPF).  The immediate commander’s decision to award the AGCM 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.  There is no evidence that the applicant was awarded the AGCM for his last 3-year period in the Regular Army.  It appears his commander may have overlooked his February 1996 Article 15 in awarding him the AGCM (4th award). However, his conduct as demonstrated by the NJP during the period in November 1996 appears to have justified disqualifying him for the Army Good Conduct Medal (5th award), which would have been due for the period 26 March 1996 to 25 March 1999.

2.  In the absence of evidence that the case was improperly handled, the presumption of regularity must be applied.

3.  His periods of active duty as a Reservist were each less than 3 years in duration and, therefore, not sufficient to qualify for a subsequent award of the AGCM.



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 that 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)                                         AR20130017481





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130017481



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1