IN THE CASE OF: BOARD DATE: 14 January 2014 DOCKET NUMBER: AR20130008665 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 (1st Award) and the Global War on Terrorism Service Medal (GWOTSM). 2. The applicant states, in effect, that he meets the requirements for both awards and believes they should be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty). He had no legal issues during his Army service and was awarded the Army Achievement Medal during his service. The GWOTSM was issued after he was medically retired. 3. The applicant provides a copy of his DD Form 214. 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. After serving 4 years in the U.S. Marine Corps, he enlisted in the Regular Army in the pay grade of E-4 on 27 December 2000. 3. On 20 November 2002, he was honorably retired under the provisions of Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation), paragraph 4-24b(2) due to Disability – Temporary. He had served 1 year, 10 months, and 24 days of active service in the Regular Army. 4. The DD Form 214 issued at the time of his retirement shows that he was awarded the Army Achievement Medal, Meritorious Unit Commendation (2nd Award), Marine Corps Good Conduct Medal, National Defense Service Medal, and Army Service Ribbon. 5. On 20 November 2007, he was removed from the Temporary Disability Retired List and was permanently retired on 21 November 2007 with a 30% disability rating. 6. A review of his official records shows no derogatory information that would serve to disqualify him for award of the Army Good Conduct Medal. 7. Army Regulation 600-8-22 (Military Awards) states 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. 8. Army Regulation 600-8-22 states the GWOTSM is authorized for award to members of the Armed Forces of the United States who have participated in Global War on Terrorism operations outside of the areas of eligibility (AOE) designated for award of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or Iraq Campaign Medal. All Soldiers on active duty on or after 11 September 2001 to a date to be determined having served 30 consecutive days or 60 nonconsecutive days are authorized the GWOTSM. DISCUSSION AND CONCLUSIONS: 1. The applicant’s contention that he qualifies for award of the Army Good Conduct Medal (1st Award) has been noted and appears to have merit. The applicant’s records contain no derogatory information that would serve to disqualify him for award of the Army Good Conduct Medal (1st Award) for the period 27 December 2000 to 20 November 2002. Accordingly, it should be awarded at this time and added to his DD Form 214. 2. The applicant also served during a qualifying period for award of the GWOTSM and that award should be added to his DD Form 214 as well. 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 (1st Award) for the period 27 December 2000 to 20 November 2002 * adding the Army Good Conduct Medal (1st Award) and GWOTSM to 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) AR20130008665 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20130008665 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1