IN THE CASE OF:	  

		BOARD DATE:	  6 June 2013

		DOCKET NUMBER:  AR20120020813 


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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Army Good Conduct Medal (AGCM).

2.  The applicant states he has orders for the AGCM, but due to a delay in processing it was not included on his DD Form 214.

3.  The applicant provides Permanent Orders 116-08, issued by the
525th Military Intelligence Battalion, Fort Bragg, NC, dated 26 April 2005.

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 on 17 September 2001, in the rank/grade of private first class (PFC)/E-3.  He was trained in and awarded military occupational specialty 98J (Electronic Intelligence Interceptor Analyst).

3.  On 1 December 2003, he was promoted to sergeant (SGT)/E-5.

4.  On 7 May 2005, the applicant was honorably discharged from active duty by reason of disability with severance pay in the rank/grade of SGT/E-5.  He completed 3 years, 7 months, and 7 days of creditable active service.  The
DD Form 214 he was issued at the time does not show award of the AGCM.

5.  Army Regulation 600-8-22 (Military Awards) states the AGCM 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.

DISCUSSION AND CONCLUSIONS:

Permanent orders awarded the applicant the AGCM (1st Award) for the period
17 September 2001 to 16 September 2004.  Therefore, his DD Form 214 should be corrected to show this award.

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 adding to his DD Form 214 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.

ABCMR Record of Proceedings (cont)                                         AR20120020813



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ABCMR Record of Proceedings (cont)                                         AR20120020813



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