Search Decisions

Decision Text

ARMY | BCMR | CY2015 | 20150001660
Original file (20150001660.txt) Auto-classification: Approved

	

		BOARD DATE:	  3 September 2015

		DOCKET NUMBER:  AR20150001660 


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.

2.  The applicant states the original memorandum recommending him for award of the Army Good Conduct Medal was lost at the time of redeployment and had to be recreated.

3.  The applicant provides:

* 328th Engineer Company memorandum for record, dated 18 December 2014
* DD Form 214 (Certificate of Release or Discharge from Active Duty)

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.  On 25 March 2006, the applicant enlisted in the U.S. Army Reserve.

3.  412th Theater Engineer Command Orders 10-034-00015, dated 3 February 2010, ordered the applicant to active duty in support of Operation Iraqi Freedom as a member of his U.S. Army Reserve unit, the 328th Engineer Company, effective 20 March 2010.

4.  On 12 April 2011, the applicant was honorably released from active duty due to completion of required service.  His DD Form 214 shows he was credited with 1 year and 23 days of active service that period.  His DD Form 214 does not show award of the Army Good Conduct Medal.

5.  There is no evidence in the applicant’s record of a commander's disqualification that would have precluded him from being recommended for or awarded the first award of the Army Good Conduct Medal.

6.  The applicant provided a memorandum for record from the Commander, 328th Engineer Company, dated 18 December 2014.  The memorandum attests to the applicant’s exemplary conduct during his active duty service in support of Operation Iraqi Freedom from 20 March 2010 through 12 April 2011 and declares him eligible for award of the Army Good Conduct Medal.

7.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  It 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 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, in which case a period of more than 1 year is qualifying.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request for award of the Army Good Conduct Medal was carefully considered and found to have merit.

2.  The applicant served on active duty for a requisite qualifying period for award of the Army Good Conduct Medal and his commander fully endorses his receipt of the award, attesting to his exemplary conduct during the qualifying period.

3.  Therefore, it would be appropriate to award the applicant the Army Good Conduct Medal (1st Award) for the period 20 March 2010 through 12 April 2011 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 the evidence presented is 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:

	a.  awarding him the Army Good Conduct Medal (1st Award) for the period 20 March 2010 through 12 April 2011 and

	b.  amending his DD Form 214 to add award of 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)                                         AR20150001660



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20150001660



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2013 | 20130000671

    Original file (20130000671.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 23 December 2010 to show: * three vice two awards of the Army Commendation Medal (ARCOM) * the Texas Federal Service Medal and Texas Combat Service Ribbon * one additional bronze service star to be affixed to his Iraq Campaign Medal (ICM) 2. The applicant states: * during his Regular Army (RA) service one of his awards of the Army Commendation Medal was not added...

  • ARMY | BCMR | CY2012 | 20120012337

    Original file (20120012337.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the following: * Purple Heart * two Bronze Star Medals (BSM) * Army Commendation Medal (ARCOM) * Army Good Conduct Medal * two Certificates of Appreciation 2. Headquarters, Americal Division, General Orders Number 3875, dated 21 May 1969, with BSM Certificate,...

  • ARMY | BCMR | CY2015 | 20150001105

    Original file (20150001105.txt) Auto-classification: Approved

    His record contains a DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States), dated 4 June 2002, wherein it shows he enlisted in the Missouri Army National Guard (MOARNG) in the rank of SPC on that date for a period of 5 years and 30 weeks. His record contains a DA Form 638 (Recommendation for Award), dated 3 December 2004, wherein his immediate commander recommended him for award of the Army Achievement Medal (2nd Award) for the period 15 July to 3 December 2004...

  • ARMY | BCMR | CY2010 | 20100026791

    Original file (20100026791.txt) Auto-classification: Approved

    Army Regulation 600-8-22 states that service members qualified for the Global War on Terrorism Expeditionary Medal by reason of service between 19 March 2003 and 28 February 2005, in an area for which the Iraq Campaign Medal was subsequently authorized, will remain qualified for that medal. Therefore, it would be appropriate to award him the first award of the Army Good Conduct Medal and to correct his DD Form 214 to show this award. As a result, the Board recommends that all Department of...

  • ARMY | BCMR | CY2012 | 20120008646

    Original file (20120008646.txt) Auto-classification: Approved

    The applicant's record shows he served a 2-year tour in Germany from 19 April 1998 through 18 April 2000. During this period he deployed to Kosovo from 2 December 1999 to 19 March 2000 for a period of 3 months and 18 days. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * Deleting from item 12f of his DD 214 for the period ending 1 November 2003 the current entry and replacing it with the entry "0002 10 00" * Deleting...

  • ARMY | BCMR | CY2010 | 20100029480

    Original file (20100029480.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the: * Army Good Conduct Medal * Global War on Terrorism Expeditionary Medal * Combat Action Badge 2. Therefore, it would be appropriate to award the applicant the first award of the Good Conduct Medal (1st Award) for the period 15 November 2003 through 12 May 2005 and to correct his DD Form 214 to show this award. As a result, the Board recommends that all...

  • ARMY | BCMR | CY2013 | 20130011594

    Original file (20130011594.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show: * Combat Infantryman Badge * two awards of the Army Commendation Medal * two awards of the Army Achievement Medal 2. Therefore, he is entitled to award of the Army Good Conduct Medal and correction of his records to show this award. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * deleting from item 12f...

  • ARMY | BCMR | CY2010 | 20100029300

    Original file (20100029300.txt) Auto-classification: Approved

    There are no orders for the Army Good Conduct Medal in the available records. There is no evidence he received the first award of the Army Good Conduct Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the Army Good Conduct Medal (1st Award) to his DD Form 214 for the period ending 16 March 2010.

  • ARMY | BCMR | CY2009 | 20090020083

    Original file (20090020083.txt) Auto-classification: Approved

    Lacking any derogatory information on file that would have disqualified him, it would be appropriate to award the applicant Army Good Conduct Medal (first award) for the period 16 January 2003 to 29 March 2004 and correct his records to show this award. As such, he served a qualifying period for award of the Iraq Campaign Medal and is entitled to correction of his records to show this award. As a result, the Board recommends that all Department of the Army records of the individual...

  • ARMY | BCMR | CY2011 | 20110005692

    Original file (20110005692.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the: * Meritorious Service Medal * Army Achievement Medal * Army Good Conduct Medal * Overseas Service Ribbon 2. There is no evidence in the available records and the applicant did not provide sufficient evidence that shows he was recommended for and/or awarded the Army Achievement Medal. As a result, the Board recommends that all Department of the Army records of the...