IN THE CASE OF: BOARD DATE: 7 January 2016 DOCKET NUMBER: AR20150007465 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 military records by showing he was awarded the Army Good Conduct Medal (AGCM). 2. The applicant states he served honorably from June 1991 to November 1993 and was eligible to receive the AGCM. He believes his not receiving this medal was due to an oversight by the U.S. Army and him. 3. The applicant provides copies of: * his DD Form 214 (Certificate of Release or Discharge from Active Duty) * an excerpt of Army Regulation 600-8-22 (Military Awards), page 58, dated 11 December 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. Records show the applicant enlisted in the Regular Army on 14 June 1991. He was honorably released from active duty (REFRAD) on 1 November 1993 due to completion of required service. His DD Form 214 for this period of service shows: a. he attained the rank of specialist, pay grade E-4; b. he completed 2 years, 4 months, and 18 days of net active service this period; c. he was transferred to the 661st Military Police Company, St. Croix, Virgin Islands; and e. his awards and decorations included: * National Defense Service Medal * Army Service Ribbon * Overseas Service Ribbon * Expert Marksmanship Qualification Badge with Rifle and Grenade Bars 3. A review of the applicant’s Official Military Personnel File (OMPF) failed to reveal any evidence of disciplinary action or indication that the commander had denied him award of the AGCM for the period of active duty service discussed above. 4. On 19 August 2014, the applicant was ordered to active duty as a member of the District of Columbia Army National Guard. He was a staff sergeant, pay grade E-6. On 21 August 2015, he was REFRAD due to completion of required active service. His DD Form 214 for this period of active duty service shows his awards and decorations as: * Army Commendation Medal * Army Achievement Medal (two awards) * Army Superior Unit Award * Army Reserve Component Achievement Medal (two awards) * National Defense Service Medal with bronze service star * Global War on Terrorism Service Medal * Noncommissioned Officer Professional Development Ribbon (with Numeral 2) * Army Service Ribbon * Overseas Service Ribbon (two awards) * Army Reserve Component Overseas Training Ribbon * Armed Forces Reserve Medal with ?M? Device * Global War on Terrorism Expeditionary Medal with bronze service star * Driver and Mechanic Badge with Driver-W (Wheeled Vehicle Clasp 5. Army Regulation 600-8-22 states the AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity. This period is 3 years except in those cases when the period for the first award ends with the termination of a period of active Federal military service on more than 1 year. Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified. DISCUSSION AND CONCLUSIONS: 1. The applicant contends that his DD Form 214 for 1991-1993 should be corrected by showing he was awarded the AGCM. 2. The evidence of record shows the applicant was honorably discharged upon completion of his required active duty service. There is no evidence showing the commander took any action to deny him the AGCM. Therefore, it is presumed that he did not receive the AGCM due to an oversight. Accordingly, he should be awarded this medal. 3. Furthermore, it would be appropriate to add the AGCM to both of the applicant’s DD Forms 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: a. awarding him the Army Good Conduct Medal for the period 14 June 1991 to 1 November 1993; and b. adding the Army Good Conduct Medal to his DD Forms 214 ending on 1 November 1993 and on 21 August 2015. _______ _ _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) AR20140003794 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150007465 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1