IN THE CASE OF:
BOARD DATE: 9 September 2014
DOCKET NUMBER: AR20140001829
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 that he be awarded the Army Good Conduct Medal (AGCM).
2. The applicant states he was never awarded the AGCM for his honorable service.
3. The applicant provides no additional documents 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 was serving in the U.S. Army Reserve when he enlisted in the Regular Army on 27 December 1983 for a period of 3 years and training as a Man Portable Air Defense Systems (MANPADS) crewman.
3. He completed one-station unit training at Fort Bliss, Texas and was transferred to Germany for his first assignment. He completed his assignment in Germany and was transferred to Fort Bliss on 22 October 1985.
4. On 15 December 1986, he was honorably released from active duty (REFRAD) in the pay grade of E-4 due to the expiration of his term of service and the Christmas Early Release Program. He had served 2 years, 11 months, and 19 days of active service. His DD Form 214 issued at the time of his REFRAD shows that he was awarded the Army Service Ribbon, Overseas Service Ribbon, and Army Achievement Medal.
5. A review of his official records failed to show any derogatory information or disqualification by the commander that would disqualify him for award of the AGCM.
6. 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. 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. Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.
DISCUSSION AND CONCLUSIONS:
1. A review of the applicant's records show no derogatory information that would serve to disqualify him for the first award of the AGCM. Therefore, it appears that the failure to award him the first award of the AGCM was the result of an administrative error.
2. Accordingly, he should be awarded the AGCM (1st Award) for the period
27 December 1983 to 15 December 1986 and his DD Form 214 should be corrected 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 AGCM (1st Award) for the period 27 December 1983 to
15 December 1986 and adding it 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) AR20140001829
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ABCMR Record of Proceedings (cont) AR20140001829
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