IN THE CASE OF:
BOARD DATE: 21 October 2014
DOCKET NUMBER: AR20140003488
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 (Armed Forces of the United States Report of Transfer or Discharge), dated 9 August 1989, to show the second award of the Army Good Conduct Medal (AGCM).
2. The applicant states, in effect:
* he completed 6 years and 1 day of active duty service
* he received his AGCM for his first 3 years of service, but not for his third to sixth year of service
* he was honorably discharged before the second AGCM could be issued
* he served for the required time without incident, but never received the medal or certificate that he earned
3. The applicant provides his DD Form 214 dated 9 August 1989 and a
DD Form 256A (Honorable Discharge Certificate).
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's record shows he enlisted in the Regular Army (RA) on
8 August 1983 and served until he was released from active duty on 7 June 1987. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued, dated 7 June 1987, shows he was awarded the AGCM, Army Achievement Medal (2d award), Army Service Ribbon, Overseas Service Ribbon, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).
3. He submitted a DD Form 256A, dated 8 August 1987, which shows he was honorably discharged from the Armed Forces of the United States of America.
4. The applicant again enlisted in the RA on 16 November 1987 and served until he was discharged honorably due to an unfulfilled enlistment commitment on
9 August 1989, after serving for 1 year, 8 months, and 24 days. The DD Form 214 he was issued, dated 9 August 1989, does not show a second award of the AGCM.
5. 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. The available evidence shows the applicant was awarded the AGCM (1st Award) for his first 3 years of active duty service ending on 7 June 1987.
2. He again enlisted in the RA on 16 November 1987. Therefore, his next qualifying period for award of this medal was from 16 November 1987 to 15 November 1990, a period of 3 years.
3. However, evidence of record shows he was discharged on 9 August 1989, after serving for 1 year, 8 months, and 24 days. Therefore, he is not entitled to have his DD Form 214 corrected to show he was awarded the AGCM (2d award) for this period of service, because he did not serve for the 3-year qualifying period of service during this enlistment.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X____ ___X_____ ____X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_____________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) AR20140003488
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ABCMR Record of Proceedings (cont) AR20140003488
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