IN THE CASE OF
BOARD DATE: 10 July 2014
DOCKET NUMBER: AR20130017895
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, between his service in the Regular Army (RA) and his service in the Army National Guard (ARNG) he has met the requirement for award of the AGCM.
3. The applicant provides copies of his DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 6 June 2007 and his National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service), dated 12 June 2005.
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 RA on 17 October 2000. After completing 9 months of net active service this period, he was discharged under honorable condition (general) on 30 August 2001, due to misconduct. He was not awarded the AGCM.
3. On 3 December 2003, the applicant enlisted in the ARNG. After completing 1 year, 6 months, and 10 days of net service this period, he was honorably discharged on 12 June 2005, for the purpose of immediate enlistment in another component of the Armed Forces.
4. On 13 June 2005, the applicant again enlisted in the RA. After completing 1 year, 11 months, and 24 days of net active service this period he was retired on 6 June 2007, due to physical disability (temporary).
5. 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 Federal military service. Although there is no automatic entitlement to the AGCM, disqualification must be justified.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions have been noted. His first period of active duty enlisted service ended with him receiving a general discharge due to misconduct and his ARNG service was not active duty service. He was not eligible for award of the AGCM for these periods of service.
2. However, he subsequently enlisted in the RA on 13 June 2005. He served for a period of 1 year, 11 months, and 24 days when he was retired due to physical disability. There is no evidence of record to show his commander disqualified him for the award. Because he had not previously been awarded the AGCM, this period of service qualified him for his first award of the AGCM.
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 13 June 2005 to 7 June 2007; and
b. showing, in addition to the awards already shown on his DD Form 214, for the period ending 7 June 2007, that his awards include the Army Good Conduct Medal (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) AR20130017895
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ABCMR Record of Proceedings (cont) AR20130017895
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