IN THE CASE OF: BOARD DATE: 12 September 2013 DOCKET NUMBER: AR20130001621 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 basic combat training and advanced individual training as an infantryman. He received a certificate of achievement and was advanced to private/pay grade E-2. He then completed the Basic Airborne Course and was awarded the Parachutist Badge. a. While he was deployed, he was awarded the Belgian Parachutist Badge. b. He was involuntarily separated due to asthma. He served with honor and believes that his active duty service meets the criteria for the AGCM (1st Award). 3. The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty) and AGCM award criteria. 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 24 February 1999 for a period of 3 years. 3. Item 17 (Civilian Education and Military Schools) of the applicant's DA Form 2-1 (Personnel Qualification Record – Part II) shows: * Infantryman, 14 weeks, 1999 * Basic Airborne, 3 weeks, 1999 4. He was promoted to private first class (PFC)/pay grade E-3 on 1 March 2000. 5. Headquarters, 82nd Airborne Division, Fort Bragg, NC, Orders 182-0257, dated 30 June 2000, reassigned the applicant for separation processing. The orders show his rank as PFC and his unit of assignment as Company C (Rifle), 2nd Battalion, 325th Infantry, Fort Bragg, NC. 6. The applicant's DD Form 214 shows he was honorably discharged on 18 July 2000 based on a disability that existed prior to service. a. He completed 1 year, 4 months, and 25 days of net active service during this period. b. He was awarded or authorized the: * Army Lapel Button * Army Service Ribbon * Expert Marksmanship Qualification Badge with Rifle Bar * Parachutist Badge * Belgian Armed Forces Parachutist Badge 7. A review of the applicant's military personnel records failed to reveal any orders awarding him the AGCM (1st Award). This review also failed to reveal any evidence of any disciplinary actions, adverse information, or a commander's disqualification for award of the AGCM. 8. Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations. 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 active Federal military service. Although there is no automatic entitlement to the AGCM, disqualification must be justified. DISCUSSION AND CONCLUSIONS: 1. The applicant contends that he should be awarded the AGCM (1st Award) because he served honorably during the entire period of his active duty. 2. The applicant served a period of continuous honorable active duty enlisted service from 24 February 1999 through 18 July 2000. a. He completed basic airborne training and was awarded the Parachutist Badge. He was also awarded the Belgian Armed Forces Parachutist Badge. b. He was promoted to PFC/E-3 after 1 year of active service. c. There is no evidence of any disciplinary actions, adverse information, or a commander's disqualification for the first award of the AGCM. d. Despite the absence of the unit commander's recommendation for award of the AGCM (1st Award) at the time of the applicant's separation processing, it would be appropriate to award the applicant the AGCM (1st Award) for the period 24 February 1999 to 18 July 2000 based on the available evidence. BOARD VOTE: __X____ ___X____ ___X____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 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 AGCM (1st Award) for the period 24 February 1999 to 18 July 2000 while assigned to Company C (Rifle), 2nd Battalion, 325th Infantry, Fort Bragg, NC, and b. adding award of the AGCM (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. ABCMR Record of Proceedings (cont) AR20130001621 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20130001621 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1