IN THE CASE OF: BOARD DATE: 24 May 2016 DOCKET NUMBER: AR20150011778 BOARD VOTE: ___x____ ___x____ ___x____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 24 May 2016 DOCKET NUMBER: AR20150011778 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends correction of all Department of the Army records of the individual concerned by: a. awarding him the Army Good Conduct Medal for his qualifying honorable service for the period 12 August 1997 to 11 August 2000; and b. adding the Army Commendation Medal and Army Good Conduct Medal to item 13 of the applicant’s 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. IN THE CASE OF: BOARD DATE: 24 May 2016 DOCKET NUMBER: AR20150011778 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 all awards he earned during his service. 2. The applicant states: a. his Army Commendation Medal (ARCOM) awarded him on 18 July 2000 may have been overlooked and/or omitted from his DD Form 214 due to the proximity of his separation date; and b. it is possible other awards are missing from his DD Form 214. 3. The applicant provides no additional documents. 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 (RA) on 12 August 1997. Upon completion of initial entry training, he was awarded military occupational specialty 19K (M1 Armor Crewman). 3. His Official Military Personnel File (OMPF) contains an ARCOM certificate awarded him for meritorious service during the period 12 December 1997 to 6 June 2000. It was announced in Headquarters, 3rd Brigade, 4th Infantry Division, Fort Carson, Permanent Orders Number 208-30, dated 18 July 2000. 4. On 11 August 2000, the applicant was honorably released from active duty in the rank of SP4 after completing 3 years active military service. Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 issued to him contains the following awards: * Army Lapel Button * Army Service Ribbon * Expert Marksmanship Qualification Badge with Pistol Bar * Sharpshooter Marksmanship Qualification Badge with Rifle and Grenade Bars 5. The applicant’s OMPF is void of any derogatory information and/or of a unit commander disqualification that would have precluded the applicant from receiving the Army Good Conduct Medal (AGCM). It is also void of any orders or other documents to show that he ever received any additional individual awards, decorations, or badges during his tenure on active duty. REFERENCES: Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards policy. Chapter 4 prescribes the policy for award of the AGCM. It states, in pertinent part, that the AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service. The normal qualifying period is 3 years. Although there is no automatic entitlement to the AGCM, disqualification must be justified. DISCUSSION: 1. The evidence of record confirms official orders announced the applicant’s award of the ARCOM. This award is not listed on his DD Form 214 and should be added at this time. 2. The applicant’s record is void of any derogatory information or a unit commander disqualification that would have precluded the applicant from receiving the AGCM. As a result, it would be appropriate to award the applicant the AGCM for his qualifying period of honorable active duty service from 12 August 1997 through 11 August 2000 and to add this award to his record and DD Form 214 at this time. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150011778 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150011778 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2