BOARD DATE: 13 June 2017 DOCKET NUMBER: AR20160000987 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: 13 June 2017 DOCKET NUMBER: AR20160000987 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: * awarding him the Army Good Conduct Medal (1st Award) for service from 6 February 1996 through 5 February 1999 * adding award of the Army Good Conduct Medal (1st Award) 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. BOARD DATE: 13 June 2017 DOCKET NUMBER: AR20160000987 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 his records do not show this award. 3. The applicant provides 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. The applicant enlisted in the Regular Army in the rank/grade of specialist (SPC)/E-4 on 6 February 1996 and he held military occupational specialty 31L (Wire Systems Installer). 3. He was honorably released from active duty in the rank/grade of SPC/E-4 on 5 February 2000. His DD Form 214 shows he completed 4 years of active service with no lost time. He was fully eligible to reenlist. He was awarded or authorized the: * Army Service Ribbon * Marksman Marksmanship Qualification Badge with Rifle Bar 4. His records do not contain orders awarding him the Army Good Conduct Medal. Additionally, his records do not contain any derogatory information such as lost time, flag, or court-martial conviction that would have disqualified him from receiving the Army Good Conduct Medal. REFERENCES: 1. 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. 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. 2. Army Regulation 635-5 (Separation Documents), in effect at the time, established the standardized policy for preparing and distributing the DD Form 214. Chapter 2 contained guidance for preparation of the DD Form 214. The instructions for item 13 stated to enter all awards, decorations, and badges. DISCUSSION: The applicant met the criteria for award of the Army Good Conduct Medal. * he completed 4 years of continuous active service * there is no derogatory information in his records that would disqualify him from receiving the above award * he was fully eligible to reenlist upon separation //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160000987 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160000987 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2