BOARD DATE: 31 July 2018 DOCKET NUMBER: AR20160019468 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 BOARD DATE: 31 July 2018 DOCKET NUMBER: AR20160019468 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 the applicant the Army Good Conduct Medal for the period 14 August 1991 through 13 August 1994; and b. adding the Army Good Conduct Medal 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. BOARD DATE: 31 July 2018 DOCKET NUMBER: AR20160019468 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 he served more than 3 years and was never issued the medal or given a reason why. To the best of his knowledge there is nothing in his records to disqualify him from receiving the award. 3. The applicant provides a copy of 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. On 14 August 1991, the applicant enlisted in the Regular Army with an immediate reenlistment on 12 May 1994. 3. After he had reenlisted, he was recommended for discharge after failing the run portion of the Army Physical Fitness Test (APFT) on 20 September 1994 and 23 February 1995. His unit commanders recommended he receive an honorable characterization of service. The separation authority directed that his service be characterized as under honorable conditions (general). 4. On 27 April 1995, the applicant was discharged. His DD Form 214 shows he served on active duty for 3 years, 8 months, and 14 days with no lost time and shows his service was characterized as honorable. His awards are shown as the: * Army Achievement Medal * National Defense Service Medal * Army Service Medal * Overseas Service Ribbon 6. On 23 June 2000, the Army Discharge Review Board found the applicant's characterization of service inequitable and directed he receive an upgrade to honorable. 7. The applicant's record contains no derogatory entries, disciplinary actions, nonjudicial punishments, or court-martials that would suggest he was considered not eligible for award of the Army Good Conduct Medal during the first 3 years of his active duty service. REFERENCES: Army Regulation 600-8-22 (Military Awards) states the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity. 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 Army Good Conduct Medal, disqualification must be justified. DISCUSSION: The applicant was eligible for his first award of the Army Good Conduct Medal based on his service from 14 August 1991 through 13 August 1994. There is no record of any derogatory information that would have prevented his chain of command from approving the first award of the Army Good Conduct Medal for his first 3 years of active duty service. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160019468 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160019468 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2