IN THE CASE OF:	

		BOARD DATE:	  27 OCTOBER 2015

		DOCKET NUMBER:  AR20150004432 


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 last duty assignment was with the 8th Battalion, 8th Field Artillery Regiment, in Korea where he served as the battery commander's driver
* 1 month prior to discharge, his noncommissioned officer in charge informed him he would be awarded the Army Good Conduct Medal
* the orders were already approved and he was simply awaiting the certificate and medal, which the noncommissioned officer in charge would mail to him at his home address after his separation from the Army
* somehow the award never reached him as promised
* he participated in a promotion board prior to separation and, had he chosen to reenlist and attend the Primary Leadership Development Course, he would have been promoted to the rank of sergeant as he met the promotion cutoff score
* he was a Soldier who exemplified good conduct for 4 years and as such it would be fair to rectify this error
* he is now a member of the American Legion as well as the Veterans of Foreign Wars and it would be nice to be able to wear the Army Good Conduct Medal on his uniform

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 on 11 August 1992.

3.  His military records are void of any evidence showing he was recommended for or awarded the Army Good Conduct Medal.

4.  There is no evidence in his records of a commander's disqualification that would have precluded him from being recommended for or awarded the first award of the Army Good Conduct Medal.

5.  On 10 August 1996, he was honorably released from active duty due to completion of required active service and transferred to the U.S. Army Reserve Control Group (Reinforcement).  His DD Form 214 shows he was awarded or authorized the:

* Army Superior Unit Award
* Army Commendation Medal
* Army Achievement Medal (4th Award)
* National Defense Service Medal
* Armed Forces Expeditionary Medal
* Joint Meritorious Unit Award
* Army Service Ribbon
* Overseas Service Ribbon (2nd Award)
* United Nations Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar
* Marksman Marksmanship Qualification Badge with Grenade Bar
* Driver and Mechanic Badge


REFERENCES:

Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  It provides that the Army 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, in which case a period of more than 1 year is qualifying.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.

DISCUSSION:

1.  The applicant's request for award of the Army Good Conduct Medal was carefully considered.

2.  He served honorably on active duty for a requisite qualifying period for award of the Army Good Conduct Medal and there is no evidence in his records of a commander's disqualification that would have precluded him from being recommended for the award.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)                                         AR20150004432



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ABCMR Record of Proceedings (cont)                                         AR20150004432



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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