BOARD DATE: 26 September 2017 DOCKET NUMBER: AR20160000889 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 BOARD DATE: 26 September 2017 DOCKET NUMBER: AR20160000889 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 18 November 2003 to 17 November 2006; and b. amending his DD Form 214 with a separation date of 17 November 2006 by adding 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. BOARD DATE: 26 September 2017 DOCKET NUMBER: AR20160000889 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 (AGCM). 2. The applicant states he completed his first full term of service honorably while faithfully supporting the goals of the unit and the Army. He further states he is eligible under Army Regulation 600-8-22 (Military Awards) and due to a unit transfer after his deployment he was not recommended for the AGCM. 3. The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty). 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. On 18 November 2003, the applicant enlisted in the Regular Army for a period of 3 years. 3. On 17 November 2006, he was honorably released from active duty in the rank/grade of SPC/E-4 and transferred to the U.S. Army Reserve Control Group (Reinforcement). He completed 3 years of active service and was fully eligible to reenlist. He had no lost time. His DD Form 214 shows he was awarded or authorized the: * Army Commendation Medal * National Defense Service Medal * Global War on Terrorism Expeditionary Medal * Iraq Campaign Medal * Army Service Ribbon * Overseas Service Ribbon * Combat Infantryman Badge 4. His record is void of documentation showing any derogatory information such as an adverse action flag, nonjudicial punishment, or court-martial conviction during his active duty service. There is also no evidence of a commander's disqualification that would have precluded him from being recommended for or awarded the first award of the AGCM. 5. There are no orders in his official military personnel file (OMPF) awarding him the AGCM. REFERENCES: Army Regulation 600-8-22 (Military Awards), in effect at the time, 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 active Federal military service. Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified. DISCUSSION: 1. The applicant enlisted in the Regular Army on 18 November 2003 and completed his 3-year period of active service on 17 November 2006. There is no evidence he was awarded his first award of the AGCM. 2. His record does not contain a statement from his unit commander disqualifying him for the AGCM, derogatory information, records of court-martial, or instances of non-judicial punishment. There is no record of time lost. There is no evidence in the available records that would have justified disqualification for the AGCM. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160000889 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160000889 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2