IN THE CASE OF:
BOARD DATE: 7 October 2014
DOCKET NUMBER: AR20140002649
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 the third award of the Army Good Conduct Medal (AGCM).
2. The applicant states he believes an oversight occurred because he had a break in service after 7 years of active duty service.
3. The applicant provides DD Forms 214 (Certificate of Release or Discharge from Active Duty) for the periods ending 19 June 1995 and 27 February 1999.
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3Â 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 25 May 1988. He was released from active duty on 19 June 1995 and transferred to the U.S. Army Reserve in the rank/pay grade of sergeant (SGT)/E-5. His DD Form 214 for this period of service shows, among other awards, the AGCM (2nd Award).
3. After a break in service, he again enlisted in the RA on 28 February 1996 in the rank and pay grade of SGT/E-5 for a period of 3 years.
4. Noncommissioned Officer Evaluation Reports (NCOER) show his overall performance was rated as "Successful" throughout his period of active service.
5. He was honorably discharged on 27 February 1999 in the rank of SGT after completing 3 years of active duty service this period. His DD Form 214 does not show the third award of the AGCM.
6. His Official Military Personnel File (OMPF) is void of any derogatory information or of a unit commander's disqualification memorandum that would have precluded him from receiving the third award of the AGCM.
7. There are no orders or any other evidence indicating he was awarded the third award of the AGCM.
8. Army Regulation 600-8-22 (Military Awards) provides that 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 applicantÂ’s request for award of the AGCM (3rd Award) has been carefully considered.
2. The applicant was awarded the first and second awards of the AGCM during his first period of active duty service. After a break in service, he again enlisted in the RA and he served on active duty for an additional 3 years.
3. His OMPF is void of any disqualifying or derogatory information which would preclude award of the AGCM (3rd Award). Additionally, his NCOERs covering his period of active service from 28 February 1996 through 27 February 1999 show his overall performance was rated as "Successful." Therefore, it would be appropriate to award him the AGCM (3rd Award) for his qualifying period of honorable active service from 28 February 1996 through 27 February 1999 and to add this award to his DD Form 214 for the period ending 27 February 1999.
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 (3rd Award) for the period
28 February 1996 to 27 February 1999 and adding this award to his DD Form 214 for the period ending 27 February 1999.
_______ _ 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) AR20140002649
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