RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  10 November 2005
	DOCKET NUMBER:  AR20050001133 


	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.


Mr. Carl W. S. Chun

Director

Ms. Prevolia A. Harper

Analyst

The following members, a quorum, were present:


Ms. Margaret K. Patterson

Chairperson

Ms. Linda D. Simmons 

Member

Mr. Michael J. Flynn

Member

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his records to show award of the Army Good Conduct Medal (AGCM) and the Army Commendation Medal.

2.  The applicant provides two DD Forms 149 (Application for Correction of Military Records).  On the first application, he states, in effect, that he is requesting award of the AGCM and this issue has bothered him over the years as he feels that he has nothing to show for his service in the Army without the AGCM.

3.  On the second application, the applicant requests award of the Army Commendation Medal that he believes was an oversight that was made during his active duty service.  He further states that he is providing letters and documents to support his claim.

4.  The applicant provides a Letter of Commendation, dated 25 October 1973; an excerpt from his DA Form 20 (Enlisted Qualification Record); Special Orders Number 102, Headquarters, United States Army, Europe and Seventh Army, dated 12 April; a copy of his military vehicle drivers license; and a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 2 November 1973.  The applications submitted in this case are dated 11 January 2005 and 20 April 2005.

2.  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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitations if the ABCMR determines that it would be in the interest of justice to do so.  In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant’s record shows he was inducted into the Army and entered active duty on 11 November 1971.  He was trained in and awarded military occupational specialty (MOS) 13A10 (Field Artillery Basic) and the highest rank he attained while serving on active duty was specialist four.

4.  The applicant’s DA Form 20 confirms he served in Germany from 10 May 1972 to 1 November 1973.  It further shows that during this tour, he was assigned to Headquarters and Headquarters Battery, 2nd Battalion, 41st Field Artillery, 3rd Infantry Division performing duties in the MOS 13B40 (Redeye Team Chief).

5.  Item 38 of the applicant’s DA Form 20 shows he received “Excellent” conduct and efficiency ratings at all of his active duty assignments.  Item 41 (Awards and Decorations) shows that during his active duty tenure, he earned the Expert Marksmanship Badge with Grenade Bar and the Expert Marksmanship Badge with Rifle Bar.  This section of the applicant’s DA Form 20 also contains an annotation “PUC” [Presidential Unit Citation] based on General Orders Number 44, dated 1945.  However, this entry appears to be an error. 

6.  The applicant’s military personnel records contains no derogatory information and there is no documented record of a disqualification from any of the applicant's active duty commanders that would have precluded him from receiving the Army Good Conduct Medal (AGCM).

7.  On 2 November 1973, the applicant was honorably released from active duty after completing a total of 1 year, 11 months, and 22 days of active military service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued upon his separation shows he earned the National Defense Service Medal, the Expert Marksmanship Badge with Grenade Bar, and the Expert Marksmanship Badge with Rifle Bar (M-16). 

8.  The applicant provided a copy of Special Orders Number 102, Headquarters, United States Army, Europe and Seventh Army, dated 12 April 1973.  These orders show that the applicant was appointed as Acting Noncommissioned Officer in the grade of Sergeant (SGT).  

9.  The applicant provided a copy of a letter of commendation, dated 25 October 1973, from the commander, Headquarters and Headquarters Battery, 2nd Battalion, 41st Field Artillery.  This letter commended the applicant for his fine record and attention to detail during his job as Redeye Team Chief and Training Noncommissioned Officer.

10.  The applicant provided a self-authored letter, dated 12 January 1995 in which he stated, in part, that he was a good Soldier and never had any disciplinary problems nor was he ever accused of dereliction of his duties.  The applicant further stated that he obtained the rank of Acting Sergeant based on the decisions from his commanding officers.  The applicant explained that he was enclosing a copy of a letter of commendation he received from his battalion commander which was presented to him prior to his return to the United States.  The applicant further explained that he stayed in the Individual Ready Reserve until 1990.

11.  The applicant provided an additional letter, dated 23 July 2005, in which he stated that he had applied for the Army Commendation Medal and completed a DD 149 requesting the award which included his former commander’s from the battery and battalion level.

12.  The applicant’s military personnel records confirm he received a letter of commendation from his chain of command.  There is no evidence to show the applicant was awarded the Army Commendation Medal.  

13.  Army Regulation 600-8-22 (Military Awards) states, in pertinent part, that the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

14.  Chapter 4 of the awards regulation 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.  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 
AGCM, disqualification must be justified.  

DISCUSSION AND CONCLUSIONS:

1.  By regulation, in order to support award of the Army Commendation Medal, there must be evidence to show that the individual’s chain of command authorized the award through orders.  It appears the applicant’s request for the Army Commendation Medal is based on a letter of commendation he received from his chain of command on 25 October 1973.  However, the letter of commendation is not a sufficient basis for awarding the Army Commendation Medal.  


2.  The applicant’s former chain of command recognized his work by presenting him with a letter of commendation for his outstanding work in his unit.  Regrettably, there are no orders awarding the applicant the Army Commendation Medal based on his letter of commendation.

3.  The applicant's record confirms that he received "Excellent" conduct and 
efficiency ratings at all of his active duty assignments.  Further, the record is void 
of any derogatory information or a specific unit commander disqualification that would have precluded him from receiving the AGCM.  As a result, it would be appropriate to award him the AGCM, for his qualifying period of honorable active duty service from 11 November 1971 to 2 November 1973.

4.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 2 November 1973.  Therefore, the time for him file a request for correction of any error or injustice expired on 1 November 1976.  However, based on the evidence of record, it would be in the interest of justice to excuse failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__ MKP  _  __LDS__  __MJF __  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief and to excuse failure to timely file.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing award of the Army Good Conduct Medal (1st Award) for the period 11 November 1971 to 2 November 1973 and adding this award to his DD Form 214. 






2.  The Board further determined that 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 award of the Army Commendation Medal.





___Margaret K. Patterson___
          CHAIRPERSON









INDEX

CASE ID
AR20050001133
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20051110
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
, DENY
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.