IN THE CASE OF:
BOARD DATE: 24 July 2014
DOCKET NUMBER: AR20130021369
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 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Army Good Conduct Medal.
2. The applicant states he is eligible to receive the Army Good Conduct Medal for his exemplary and faithful service.
3. The applicant provides a self-authored statement and a copy of his DD Form 214.
COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:
1. Although the applicant lists Counsel, he did not render a request on the applicant's behalf.
2. Counsel provides no additional statement.
3. Counsel provides no additional evidence.
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 3 July 1980 for a period of
3 years. He held military occupational specialty 95B (Military Police).
3. He served in Germany from 20 February 1982 to 5 June 1983. He was promoted to the rank/grade of specialist four (SP4)/E-4, effective 1 December 1982.
4. On 2 July 1983, he was honorably released from active duty and he was transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining service obligation. He completed 3 years of total active service with no time lost. The DD Form 214 he was issued at the time shows he was awarded or authorized the:
* Army Service Ribbon
* Overseas Service Ribbon
* Humanitarian Service Medal
* Expert Marksmanship Qualification Badge with Pistol Bar (.45 Caliber)
* Sharpshooter Marksmanship Qualification Badge with Grenade Bar
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
5. His records do not contain orders awarding him the Army Good Conduct Medal.
6. A review of the applicant's service record shows no derogatory information in the form of time lost, nonjudicial punishment, or suspension of favorable personnel actions which would disqualify him for the Army Good Conduct Medal (1st Award). Additionally, there are no entries in his record to indicate his commanders denied him award of the Army Good Conduct Medal (1st Award).
7. Army Regulation 600-8-22 (Military Awards) states 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.
DISCUSSION AND CONCLUSIONS:
The evidence of record confirms the applicant served honorably on active duty during the period 3 July 1980 through 2 July 1983 and he was advanced in rank to SP4 during this period. His record is void of any evidence that shows he had time lost or that he received nonjudicial punishment or court-martial action. There is also no evidence of a suspension of favorable personnel actions or a commander's disqualification for award of the Army Good Conduct Medal (1st Award). Absent any derogatory information which would have precluded the applicant from being awarded the Army Good Conduct Medal (1st Award), it would be appropriate to correct his DD Form 214 to show this award.
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 awarding him the Army Good Conduct Medal (1st Award) for the period 3 July 1980 2 July 1983 and adding the Army Good Conduct Medal (1st Award) 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) AR20130021369
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ABCMR Record of Proceedings (cont) AR20130021369
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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