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 applicants 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 applicants 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 applicants 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
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ABCMR Record of Proceedings (cont) AR20150001660
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