ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 26 July 2019 DOCKET NUMBER: AR20170012460 APPLICANT REQUESTS: award of the Army Good Conduct Medal (3rd Award), and additional awards. 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) * Personnel Qualification Record 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 during time of war, the Army Good Conduct Medal can be granted for 1 year of faithful service. He served overseas on active duty, and completed 3 years and 3 months of honorable service with no disciplinary action, nonjudicial punishment, or court-martial conviction. 3. He provides his Personnel Qualification Record, dated 22 March 1994 that shows the date February 1994 as the date of eligibility for the Good Conduct Medal. 4. Review of the applicant's service records shows: a. He enlisted in the Regular Army on 19 February 1991. b. He was honorably released from active duty on 18 May 1994. His DD Form 214 shows he completed 3 years and 3 months of active service. It also shows he was awarded or authorized the: * Army Service Ribbon * Army Achievement Medal (2nd Award) * National Defense Service Medal * Overseas Service Ribbon * Expert Marksmanship Qualification Bar with Rifle Bar (M-16) * Expert Marksmanship Qualification Bar with Grenade Bar 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 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. For the first award only, it is awarded upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year. Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified. The applicant meets the criteria for one award: * he completed 3 years of consecutive active service from 19 February 1991 through 18 February 1994 * there is no derogatory information in his file to prevent this award BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found some relief was warranted. The applicant’s contentions were carefully considered. The Board agreed that the applicant’s interpretation of regulatory guidance is not entirely accurate with his contention the AGCM can be awarded for each 1 year. However, the Board agreed he is authorized the AGCM (1st Award) for his service. There were no further authorized awards discovered for the applicant. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF :X :X :X GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial 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 the period 19 February 1991 through 18 February 1994, and adding the medal to his DD Form 214 for the period ending 18 March 1994. 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to awarding him three Army Good Conduct Medals and additional awards. 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 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. Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20170012460 3 1