BOARD DATE: 9 June 2011 DOCKET NUMBER: AR20100026636 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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Army Good Conduct Medal. 2. The applicant states there were delays in awarding the Good Conduct Medal after his first deployment in 2004. As a result, the Good Conduct Medal was not listed on his DD Form 214 when he was released from active duty. 3. The applicant provides his DD Form 214, effective 19 December 2010, and Army Good Conduct Medal orders, dated 22 October 2006. 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 (USAR) on 5 February 2003 and served continuously until he was discharged to accept a Reserve Warrant Officer appointment on 24 July 2007. 3. A review of his Soldier Management System (SMS) record shows he was ordered to active duty in support of Operation Iraqi Freedom during the following periods: * 30 August 2004 to 25 February 2006 * 6 July to 19 July 2009 * 25 October 2009 to 28 November 2010 4. He was released from active duty on 19 December 2010. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the following: * Meritorious Service Medal * Army Commendation Medal * Army Achievement Medal * National Defense Service Medal * Global War on Terrorism Service Medal * Global War of Terrorism Expeditionary Medal * Iraq Campaign Medal with Campaign Star * Noncommissioned Officer Professional Development Ribbon * Army Service Ribbon * Overseas Service Ribbon (2nd Award) * Armed Forces Reserve Medal with "M" Device * Combat Action Badge 5. The applicant provides Headquarters, U.S. Army 89th Regional Readiness Command, Permanent Orders Number 295-003, dated 22 October 2006, awarding him the Army Good Conduct Medal for the period 30 August 2004 to 28 October 2005. DISCUSSION AND CONCLUSIONS: 1. The applicant requests his DD Form 214 be corrected to show award of the Army Good Conduct Medal. 2. Permanent orders awarded the applicant the Army Good Conduct Medal for the period 30 August 2004 to 28 October 2005; therefore, it would be appropriate to 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 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 adding to item 13 of his DD Form 214, effective 19 December 2010, 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) AR20100026636 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20100026636 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1