IN THE CASE OF: BOARD DATE: 16 August 2016 DOCKET NUMBER: AR20150011555 BOARD VOTE: ___x_____ ___x___ ___x____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 16 August 2016 DOCKET NUMBER: AR20150011555 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is 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 first award of the Army Good Conduct Medal for the period from 9 September 1997 - 8 September 2000; and b. amending his DD Form 214 with a separation date of 8 September 2000, to include 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. IN THE CASE OF: BOARD DATE: 16 August 2016 DOCKET NUMBER: AR20150011555 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. 2. The applicant states the award was not included in his records because he was out-processing when the medal would have been awarded. 3. The applicant provides his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 8 September 2000. 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 previously served in the Wyoming Army National Guard from 28 May 1993 - 8 September 1997. His National Guard Bureau Form 22 for this period of service shows he was awarded the Army Achievement Medal. 3. On 9 September 1997, the applicant enlisted in the Regular Army for 3 years in pay grade E-4. On 26 January 1998, he was assigned to the 1st Battalion, 29th Infantry Regiment at Fort Benning, GA. 4. On 8 September 2000, he was released from active duty. He completed 3 years of active service that was characterized as honorable. He had no time lost. His DD Form 214 does not show he was awarded his first award of the Army Good Conduct Medal. The DD Form 214 does show he was awarded the Army Commendation Medal during this period of service. 5. There are no orders in his official military personnel file (OMPF) awarding him the Army Good Conduct Medal. REFERENCES: 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. After 27 June 1950, to the present time, the current standard for award of the Army Good Conduct Medal is 3 years of qualifying service. a. Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified. In instances of disqualification as determined by the unit commander, the commander will prepare a statement of rational for his or her decisions. b. The immediate unit commander's decision to award the Army Good Conduct Medal will be based on his or her personal knowledge and of the individual's official records for the period of service under a previous commander during the period for which the award is to be made. The lack of official disqualifying comment by such previous commanders qualifies the use of such period toward the award by the current commander. DISCUSSION: 1. He completed his 3-year period of active service on 8 September 2000. There is no evidence he was awarded his first award of the Army Good Conduct Medal. 2. During the period of this enlistment he was awarded the Army Commendation Medal. His OMPF does not contain any records of court-martial or instances of non-judicial punishment. There is no record of time lost. 3. His OMPF does not contain a statement from his unit commander disqualifying him for the Army Good Conduct Medal. 4. In the absence of evidence showing disqualification, it is appropriate to award the applicant his first award of the Army Conduct Medal based on completion of qualifying service from 9 September 1997 - 8 September 2000. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150011555 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150011555 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2