RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  15 March 2007
	DOCKET NUMBER:  AR20060009820 


	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. Gerard W. Schwartz

Acting Director

Ms. Phyllis B. Mackey 

Analyst


The following members, a quorum, were present:


Ms. Margaret K. Patterson

Chairperson

Mr. Larry W. Racster

Member

Mr. Rodney E. Barber

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, in effect, to have the Army Achievement Medal listed on his DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  The applicant states in effect, that he earned the medal and it should be listed on his DD Form 214.

3.  The applicant did not provide any documentation in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice, which occurred on 10 October 1987.  The application submitted in this case is dated
30 June 2006.  It was received for processing on 11 July 2006.

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 limitation 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 military records show that he served in the National Guard from 13 November 1981 until 15 June 1982.  He enlisted in the Regular Army on 29 July 1983, with a report date of 11 October 1983, for a period of 4 years.  

4.   The applicant was honorably discharged from active duty on 10 October 1987, under the provision of Army Regulation (AR) 635-200, Chapter 4 (Expiration of Term of Service), in the rank/pay grade of Specialist Four/E-4.  On the date of his discharge, the applicant had 4 years, 4 months, and 8 days of total active military service and 1 year, 6 months, and 20 days of prior inactive service, with no lost time.

5.  The applicant’s DD Form 214, Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), shows that he was awarded:  the Army Service Ribbon; two Overseas Service Ribbons; the Driver 


and Mechanic Badge; the Marksman Marksmanship Qualification Badge, with Rifle Bar (M-16 Rifle); and the Army Lapel Button.  The Army Achievement Medal is not shown on the DD Form 214.

6.  There is no entry in Item 9 (Awards, Decorations and Campaigns), of the applicant's DA Form 2-1, Part II, Personnel Qualification Record, showing he was awarded the Army Achievement Medal.  However, a copy of Permanent Orders 94-36, which is in the applicant’s military records, and was issued by the Department of the Army, Headquarters, 6th Infantry Division (Light), and US Army Garrison, Alaska, Fort Richardson, Alaska, dated 18 August 1986, shows that the applicant was awarded the Army Achievement Medal for the period of service, 30 July 1986 through 4 August 1986.

7.  Item 9, of the applicant’s DA Form 2-1 shows that he is entitled to the Expert Marksmanship Qualification Badge, with Hand Grenade Bar.  This badge should be added to his DD Form 214.

8.  A review of the applicant's service personnel record revealed no evidence of any breach of good order or discipline.  There is no evidence of any lost time and there is no evidence that the applicant was ever subjected to nonjudicial punishment under the provisions of the Uniform Code of Military Justice during his service.  Therefore, the applicant is entitled to be awarded the Good Conduct Medal and to have this award added to his DD Form 214.

9.  Current practice requires that the commander provide written notice of nonfavorable consideration and permits the individual to respond.  There is no entry in Item 27 (Remarks), of the applicant’s DA Form 2-1, to show that he was denied award of the Good Conduct Medal, by any of his unit commanders.

10.  Army Regulation 600-8-22 provides that the 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 Good Conduct Medal, disqualification must be justified.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant is requesting that the Army Achievement Medal be added to his DD Form 214.

2.  There is no entry in Item 9, of the applicant’s DA Form 2-1, showing he was awarded the Army Achievement Medal.  However, orders show the applicant was awarded the Army Achievement Medal for the period of service from 30 July 1986 through 4 August 1986.  The Army Achievement Medal should be added to his DD Form 214.

3.  Item 9, of the applicant’s DA Form 2-1, shows he was awarded and is entitled to the Expert Marksmanship Qualification Badge, with Hand Grenade Bar.  This award should also be added to his DD Form 214.

4.  There is no indication in the available records the applicant was denied award of the Good Conduct Medal by any of his unit commanders.  The applicant is therefore entitled to award of the Good Conduct Medal for the period 11 October 1983 through 10 October 1986 and to have this award added to his DD Form 214.

5.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 10 October 1987, the date of his discharge from active duty; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 9 October 1990.  The applicant did not file within the 3-year statute of limitations; however, based on the available evidence, it would be in the interest of justice to excuse failure to timely file in this case.

BOARD VOTE:

__LWR__  __MKP__  __REB__  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief and excuse the failure to timely file.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:


	a.  adding the Army Achievement Medal and the Expert Marksmanship Qualification Badge, with Hand Grenade Bar to the applicant's DD Form 214; and 

	b.  awarding the applicant the Good Conduct Medal for the period 11 October 1983 through 10 October 1986, and adding this award to his DD Form 214.




____M. K. Patterson_____
          CHAIRPERSON


INDEX

CASE ID
AR20060009820
SUFFIX

RECON

DATE BOARDED
20070315
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
GRANT 
REVIEW AUTHORITY

ISSUES         1.
107.0000  Decorations and Awards
2.

3.

4.

5.

6.