RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 6 May 2008 DOCKET NUMBER: AR20080000740 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. Director M Analyst The following members, a quorum, were present: M Chairperson M Member M Member The Board considered the following evidence: Exhibit A - Application for correction of military records. Exhibit B - Military Personnel Records (including advisory opinion, if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests award of the Good Conduct Medal. 2. The applicant states, in effect, that he served honorably for three years and is entitled to this award. 3. The applicant provided a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 10 September 2001, in support of his application. 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's record shows that he enlisted in the Regular Army for a period of 3 years on 11 September 1998. He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 19K (M-1 Armor Crewman). The highest rank/grade he attained during his military service was specialist (SPC)/E-4. He was honorably separated and transferred to the U.S. Army Reserve Control Group (Reinforcement) on 10 September 2001. 3. Item 13 (Decoration, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the Army Achievement Medal, the Army Lapel Button, the Army Service Ribbon, the Expert Marksmanship Qualification Badge with Pistol Bar, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and the Sharpshooter Marksmanship Qualification Badge with Grenade Bar. Item 13 does not show award of the Good Conduct Medal. 4. Item 9 (Awards, Decorations, and Campaigns) of the applicant's DA Form 2-1 (Personnel Qualification Record) shows he was awarded the Army Service Ribbon, the Expert Marksmanship Qualification Badge with Pistol Bar, and the Sharpshooter Marksmanship Qualification Badge with Grenade Bar. Item 9 does not show award of the Good Conduct Medal. 5. The applicant’s records do not contain orders awarding him the Good Conduct Medal. 6. Army Regulation 600-8-22 (Military Awards) provides that the 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 Federal military service. Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified. DISCUSSION AND CONCLUSIONS: The evidence of record confirms that the applicant served honorably during the period 11 September 1998 to 10 September 2001, attained the rank/grade of SPC/E-4, and was awarded an Army Achievement Medal. Lacking any derogatory information on file that would have disqualified him, it would be appropriate to award the applicant his first award of the Good Conduct Medal based on completion of qualifying service ending with the termination of a period of Federal military service and correct his records to show this award. BOARD VOTE: __xxx___ __xxx___ __xxx___ 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 the applicant the Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 11 September 1998 to 10 September 2001; and b. adding the Good Conduct Medal (1st Award) to his DD Form 214, dated 10 September 2001. XXX ______________________ CHAIRPERSON ABCMR Record of Proceedings (cont) AR20080000740 4 DEPARTMENT OF THE ARMY BOARD FOR CORRECTION OF MILITARY RECORDS 1901 SOUTH BELL STREET 2ND FLOOR ARLINGTON, VA 22202-4508