IN THE CASE OF:
BOARD DATE: 17 September 2015
DOCKET NUMBER: AR20150001443
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 for the period 9 February 2004 through 19 April 2005 when he was mobilized.
2. The applicant states, in effect, that he qualified for the Army Good Conduct Medal but that it is not included on his DD Form 214 (Certificate of Release or Discharge from Active Duty).
3. The applicant provides a copy of a DA Form 4187 (Personnel Action).
CONSIDERATION OF EVIDENCE:
1. The applicant, a career U.S. Army Reserve command sergeant major, served on active duty on five occasions
* 7 June 1982 - 4 August 1982, active duty for training
* 28 January 1991 - 21 March 1991, mobilization (Title 10, U.S. Code, section 673B)
* 1 August 2001 - 30 May 2002, active duty for training
* 9 February 2004 - 19 April 2005, mobilization (Title 10, U.S. Code, section 12302)
* 3 January 2014 - 29 December 2014, mobilization (Title 10, U.S. Code, section 12302)
2. During the applicant's 9 February 2004 through 19 April 2005 period of active duty he served for 1 year, 2 months and 11 days of net active service. He was awarded an Army Commendation Medal, Army Superior Unit Award, and a Joint Meritorious Unit Award.
3. The applicant's Noncommissioned Officer Evaluation Report (NCOER) for the period January 2004 through July 2004 shows he was rated as among the best by his rater and successful for his overall performance and superior for his promotion potential by his senior rater. The available record does not contain an NCOER for the period August 2004 through December 2005.
4. The applicant provides a copy of a 23 September 2009 DA Form 4187 requesting award of the Army Good Conduct Medal for his period of active federal service from 9 February 2004 through 19 April 2005. It is signed by his commanding officer and addressed to the U.S. Army Human Resources Command (HRC) St. Louis for action.
5. The available record contains no evidence that the applicant's 2009 request for the Army Good Conduct Medal was acted upon by HRC.
6. The applicant's record contains no derogatory entries, disciplinary actions, nonjudicial punishments, or court-martials that would suggest he was considered not eligible for award of the Army Good Conduct Medal.
7. Army Regulation 600-8-22 (Military Awards) provides that the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active Federal 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 active Federal military service of more than 1 year. Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.
DISCUSSION AND CONCLUSIONS:
1. Prior to his 9 February 2004 mobilization, the applicant did not serve on active duty for any qualifying period long enough meet the minimum requirements for award of the Good Conduct Medal.
2. The applicant was mobilized for the period 9 February 2004 through 19 April 2005 for a net active Federal service of 1 year, 2 months, and 11 days. This is a qualifying period of active Federal service for favorable consideration of an award of the Army Good Conduct Medal.
3. Based on the applicant's excellent NCOER, the awards he is shown to have been awarded during the period, and the lack of any evidence of any disqualifying factors, the applicant is qualified for award of the Army Good Conduct Medal (1st Award) for the period 9 February 2004 through 19 April 2005.
OARD 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 9 February 2004 through 19 April 2005 and adding it to his DD Form 214 for the period ending 29 December 2014.
__________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) AR20150001443
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ABCMR Record of Proceedings (cont) AR20150001443
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