ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  7 August 2019

	DOCKET NUMBER:  AR20170007286


APPLICANT REQUESTS: award of the Army Good Conduct Medal (1st Award). 

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* DD Form 214 (Certificate of Release or Discharge from Active Duty)

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 

2.  The applicant states after 2 years and 11 months of enlisted service in the Army, he was honorably discharged under Army Regulation (AR 635-200 (Active Duty Enlisted Administrative Separations), Chapter 16-2 "Discharge for acceptance into a program leading to a commission or warrant officer appointment" and received a commission in the Air Force.  He is currently a lieutenant in the Regular Air Force.  This was not a choice earlier in the application when it asked for his current status in the military.  He believes that he qualified to receive the Army Good Conduct Medal based on the provisions of AR 600-8-22 (Military Awards), paragraphs 4-5 " ... upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year", 4-7b "Release from enlisted status for ... immediate entry on active duty in an officer status", and 4-7c "A qualified person scheduled for separation from active Federal military service should receive the award at his or her last duty station."  He believes he was not awarded the medal simply because no one knew at the time that he qualified for it; there were no negative actions--administrative or otherwise--against him during his Army career that would have prevented him from qualifying for this award.

3.  Review of the applicant’s service records shows: 

	a.  He enlisted in the Regular Army on 8 September 2010.  He served in Korea for one year. 
	b.  He was honorably discharged on 13 August 2013 from active duty to enter an officer training program.  His DD Form 214 shows he completed 2 years, 11 months, and 6 days of active service.  His DD Form 214 does not show the Army Good Conduct Medal as an authorized award. 

4.  By regulation (AR 600-8-22), the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.  The period is 3 years of continuous active service.  For first award only, it is authorized upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year:

* he completed 2 years, 11 months, and 6 days of active service
* there is no derogatory information on file that would have disqualified him 

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found the relief was warranted.  The applicant’s contentions were carefully considered.  The Board agreed evidence of record shows he met regulatory guidance to receive the Army Good Conduct medal for his enlisted service.

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

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 awarding him the Army Good Conduct Medal (1st Award) for exemplary service from 8 September 2010 through 13 August 2013, and adding the award to his DD Form 214 for the period ending 13 August 2013.
	 
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.


REFERENCES:

1.  Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.
2.  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.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.  Any one of the following periods of continuous enlisted active Federal military service qualifies for award:

* Each 3 years completed on or after 27 August 1940
* For first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946
* For first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year
* For first award only, upon termination of service, on or after 27 June 1950, of less than 1 year when final separation was by reason of physical disability incurred in line of duty
* For first award only, for those individuals who died before completing 1 year of active Federal service if the death occurred in the line of duty

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20170007286


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