IN THE CASE OF:
BOARD DATE: 26 February 2015
DOCKET NUMBER: AR20140012421
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 (AGCM) (1st Award).
2. The applicant states he was told he would not receive the AGCM while he was deployed due to failing the Army Physical Fitness Test (APFT); however, Soldiers are not required to pass the APFT while deployed to a combat zone. He did not receive any adverse action under the Uniform Code of Military Justice (UCMJ) or any other disciplinary action that would have precluded him from receiving the AGCM. In addition, no paperwork was done denying him the AGCM. He served 12 months on active duty while deployed to Iraq so he qualifies for the first award of the AGCM as stated in Army Regulation 600-8-22 (Military Awards).
3. The applicant 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 Army National Guard (ARNG) on 27 September 1982. He was promoted to the rank and grade of sergeant (SGT)/E-5 on 17 October 1987.
3. He was ordered to active duty under the provisions of Title 10, U. S. Code, section 12302, effective 1 September 2005. He entered active duty on 1 September 2005 and arrived in Iraq on 11 November 2005.
4. Kansas ARNG Orders 165-700, dated 14 June 2006, directed his reduction in rank/grade from SGT/E-5 to specialist (SPC)/E-4, due to misconduct, effective
19 May 2006.
5. His DA Form 2166-8 (Noncommissioned Officer (NCO) Evaluation Report (NCOER)) for the period 1 September 2005 through 31 August 2006 indicates:
* numerous short-comings and rated deficiencies covering the Army values and his military occupational specialty (MOS) competency, physical fitness and military bearing, and leadership attributes
* his rater rated his overall performance during the rated period as "marginal"
* his senior rater rated his overall performance and potential during the rated period as "fair"
6. He departed Iraq on 3 November 2006.
7. He was released from active duty on 4 December 2006 after completing 1 year, 3 months, and 4 days of creditable active service. His DD Form214 for this period of service does not show the AGCM as an authorized award.
8. He was discharged from the ARNG and transferred to the Retired Reserve on 30 November 2009. His National Guard Bureau Form 22 (Report of Separation and Record of Service) does not show the AGCM as an authorized award.
9. Army Regulation 600-8-22 states 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 normally 3 years of enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year. Ready Reserve enlisted personnel ordered to active duty under Title 10, U. S. Code, are eligible for award of the AGCM. Throughout a qualifying period, each enlisted Soldier must meet all of the following criteria for an award:
a. The immediate commander evaluates the Soldiers character as above reproach.
b. The record of service indicates that the Soldier has
* willingly complied with the demands of the military environment
* been loyal and obedient to their superiors
* faithfully supported the goals of their organization and the Army
* conducted themselves in such an exemplary manner as to distinguish them from their fellow Soldiers
c. In terms of job performance, the Soldiers efficiency must be evaluated and must meet all requirements and expectations for that Soldiers grade, MOS, and experience.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for award of the AGCM (1st Award) for the period
1 September 2005 to 4 December 2006 has been carefully considered.
2. To be awarded the AGCM, a commander must evaluate an eligible Soldier and determine that he/she meets all of the requirements and expectations for their respective grade, MOS, and experience. Orders show the applicant was reduced in rank from SGT to SPC due to misconduct. Additionally, his NCOER indicates numerous deficiencies during his period of active duty service.
3. Based on the foregoing, there is no basis for granting the requested relief.
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) AR20140012421
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