IN THE CASE OF:	  

		BOARD DATE:	  9 November 2010

		DOCKET NUMBER:  AR20100013395 


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) (First Award).

2.  The applicant states that after speaking with a veteran service officer, it was discovered he was never awarded the AGCM.  He contends his service record indicates his character was above reproach and that he met the standards set forth in his unit. 

3.  The applicant has not submitted any documentation in support of his request. 

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 records show he enlisted in the U.S. Army Reserve in the Delayed Entry Program (DEP) on 19 August 1992.  He was released from DEP status and enlisted in the Regular Army for a period of 3 years.  He entered active duty on 15 January 1993.  After completion of basic combat and advanced individual training he was awarded military occupational specialty (MOS) 77F (Petroleum Supply Specialist).  

3.  His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he was honorably retired from active duty on 12 June 1996 under the provisions of Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation), paragraph 4-24b(2), and placed on the temporary disability retired list.  He served a total of 3 years, 4 months, and 28 days of active service.  

4.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 shows he was awarded the following:

* Army Achievement Medal
* Joint Meritorious Unit Award
* National Defense Service Medal
* Humanitarian Service Medal
* Army Service Ribbon
* Marksman Marksmanship Qualification Badge with Rifle Bar
* Driver and Mechanic Badge with Driver-W Bar

5.  The applicant’s record is void of any derogatory information or of a unit commander's disqualification that would have precluded him from receiving the AGCM.  
  
6.  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 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.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.  A clasp is authorized for wear on the Army Good Conduct Medal to denote a second or subsequent award.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request for award of the AGCM was carefully considered and was found to have merit. 
2.  The applicant enlisted in the Regular Army and entered active duty on 15 January 1993.  His record is void of any disqualifying or derogatory information which would preclude award of the AGCM.  Therefore, it would be appropriate to award him the AGCM (First Award) for his qualifying period of honorable active duty service from 15 January 1993 through 14 January 1996.  

BOARD 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 (First Award) for the period 15 January 1993 through 14 January 1996 and adding this award to item 13 of his DD Form 214.



      __________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)                                         AR20100013395



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ABCMR Record of Proceedings (cont)                                         AR20100013395



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