IN THE CASE OF:
BOARD DATE: 11 September 2014
DOCKET NUMBER: AR20140002062
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 and correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show this award.
2. The applicant states he was eligible to receive the Army Good Conduct Medal upon his release from active duty. However, for some reason it was not posted to his DD Form 214. He should be granted all awards he is entitled to; he served honorably and had no disciplinary action taken against him during his 3 years of active service.
3. The applicant provides his DD Form 214.
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 28 June 1979. He was promoted to the rank/grade of specialist four (SP4)/E-4 on 17 April 1981. His last unit of assignment was with Headquarters Service Company, U.S. Army Hospital, Fort Stewart, GA.
3. He was honorably released from active duty on 27 June 1982 in the rank of SP4 and he was transferred to the U.S. Army Reserve (USAR). He completed 3 years of creditable active service with no time lost.
4. Item 13 (Decorations, Medal, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:
* Army Service Ribbon
* Overseas Service Ribbon
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Sharpshooter Marksmanship Qualification Badge with Grenade Bar
5. Item 27 (Reenlistment (RE) Code) of his DD Form 214 contains the entry
"RE-1." His record does not contain orders for the Army Good Conduct Medal.
6. His record does not contain a commander's disqualification or record of a court-martial conviction or other adverse action that would disqualify him for award of the Army Good Conduct Medal.
7. Army Regulation 600-8-22 (Military Awards) states the:
a. 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.
b. In instances of disqualification for the Army Good Conduct Medal 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 affected individuals statement. If the commanders decision remains the same, the commander will forward his or her statement, the individuals statement, and his or her consideration for permanent filing in the individuals Official Military Personnel File.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant served honorably during the period 28 June 1979 to 27 June 1982. He attained the rank of SP4 and his record is void of any derogatory information or a commander's disqualification that would have disqualified him from receiving his first award of the Army Good Conduct Medal. His RE Code of 1 and transfer to the USAR indicates he was fully eligible to reenlist at the time of his release from active duty.
2. Therefore, it would be appropriate to award him the first award of the Army Good Conduct Medal based on completion of a qualifying period of Federal military service and 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 28 June 1979 through 27 June 1982
* adding to item 13 of his DD Form 214 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) AR20140002062
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ABCMR Record of Proceedings (cont) AR20140002062
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