IN THE CASE OF: BOARD DATE: 24 November 2015 DOCKET NUMBER: AR20150005173 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 he was awarded the Army Good Conduct Medal (AGCM). 2. The applicant states he was never given the AGCM during his service time at the 3-year mark, due to his unit moving from Fort Lewis, Washington to Fort Polk, Louisiana. He believes it to be an oversight. 3. The applicant provides no additional evidence 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 enlisted in the Regular Army on 14 August 1991. He completed initial entry training and was awarded military occupational specialty 13F (Fire Support Specialist). He reenlisted in the Regular Army on 12 May 1994. The highest rank/grade he attained while serving on active duty was specialist/ E-4. 3. His DA Form 2-1 (Personnel Qualification Record - Part II) shows in: * Item 5 (Oversea Service), he served in Korea from 28 December 1991 to 28 December 1992 * Item 9 (Awards, Decoration & Campaigns), he was awarded or authorized the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) and the Expert Marksmanship Qualification Badge with Grenade Bar 4. His record does not contain orders that awarded him AGCM. However, it is also void of any derogatory or adverse information or a disqualification statement from his commander that would have precluded award of the AGCM during his initial 3-year period of service. 5. He was honorably discharged on 27 April 1995 by reason of unsatisfactory performance. His DD Form 214 shows in: a. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized): * Army Achievement Medal * National Defense Service Medal * Army Service Ribbon * Overseas Service Ribbon b. Item 18 (Remarks), the entry "Member has completed first term of service." 6. Army Regulation 600-8-22 (Military Awards) states the AGCM 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 AGCM, disqualification must be justified. In instances of disqualification as determined by the unit commander, the commander will prepare a statement of the rationale for his or her decision. 7. A review of the applicant's records indicates he is entitled to additional awards which are not shown on his DD Form 214. 8. Army Regulation 600-8-22 states the Korea Defense Service Medal (KDSM) is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea. The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense. 9. Army Regulation 600-8-22 sets forth requirements for award of basic marksmanship qualification badges. The qualification badge is awarded to indicate the degree – Expert, Sharpshooter, and Marksman -- in which an individual has qualified in a prescribed record course. An appropriate bar is furnished to denote each weapon with which the individual has qualified. DISCUSSION AND CONCLUSIONS: 1. The applicant's request for correction of his DD Form 214 to show he was awarded the AGCM was carefully considered. 2. The evidence of record shows he completed his first term of service. His record reflects no derogatory information, nonjudicial punishment, or a disqualification letter from his commander that would disqualify him from receiving the first award of the AGCM during the period 14 August 1991 to 13 August 1994. 3. The evidence of record shows he served in Korea from 28 December 1991 to 28 December 1992. This is a qualifying period for award of KDSM. The KDSM is not listed on his DD Form 214. 4. Item 9 of his DA Form 2-1 shows he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) and the Expert Marksmanship Qualification Badge with Grenade Bar; however, these marksmanship badges are not listed on his DD Form 214. 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 14 August 1991 through 13 August 1994 * amending his DD Form 214 by adding the: * Army Good Conduct Medal (1st Award) * Korea Defense Service Medal * Sharpshooter Marksmanship Qualification Badge with Rifle (M-16) * Expert Marksmanship Qualification Badge with Grenade Bar _______ _ 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) AR20120022603 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150005173 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1