IN THE CASE OF: BOARD DATE: 23 April 2009 DOCKET NUMBER: AR20090001428 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 her military records to show award of the Army Good Conduct Medal. 2. The applicant states that approximately 6 months prior to her release from active duty, she was transferred to another unit. She contends that this reassignment may have caused her to be overlooked for award of the Army Good Conduct Medal. She further contends that she did not received any disciplinary action while in the service. 3. The applicant provides, in support of her application, copies of her DD Form 214 (Certificate of Release or Discharge from Active Duty), separation orders, and her Honorable Discharge Certificate. 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 11 December 1978, the applicant enlisted in the Regular Army for 3 years. She completed her initial training and was awarded military occupational specialty (MOS) 27G (Automatic Data Telecommunications Center Operator). 3. On 18 April 1979, the applicant was assigned for duty as a telecommunications operator with the 267th Signal Company in the Federal Republic of Germany. She served in this position until her return to the United States on or about 7 December 1981. 4. On 8 December 1981, the applicant was released from active duty and transferred to the United States Army Reserve Control Group (Reinforcement). She had attained the rank of specialist four, pay grade E-4, and had completed 2 years, 11 months and 28 days of creditable active duty service. She was given a Separation Program Designator (SPD) Code of LBM due to insufficient retainability precluding reassignment for economic reasons. Her reentry code of 1 indicates that she was fully eligible for reenlistment. 5. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists her awards as the Sharpshooter Marksmanship Qualification Badge with Rifle and Grenade Bars, Army Service Ribbon, and the Overseas Service Ribbon. It does not show award of the Army 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: 1. The applicant contends that her DD Form 214 should be corrected to show award of the Army Good Conduct Medal. 2. The evidence of record clearly shows that the applicant served a qualifying period of active duty service for an initial award of the Army Good Conduct Medal. There is no evidence of any misconduct by the applicant that would have disqualified her for this award. Furthermore, there is no evidence showing that her commander took any action to deny her this award. 3. In view of the above, the applicant's request should be granted. 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 the applicant the Army Good Conduct Medal for the period from 11 December 1978 to 8 December 1981; and b. showing, in addition to the awards already shown on her DD Form 214, that her awards include the Army Good Conduct Medal. _______ _ 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) AR20090001428 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20090001428 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1