RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  17 May 2007
	DOCKET NUMBER:  AR20060015638 


	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

Mr. Michael J. Fowler

Analyst

The following members, a quorum, were present:


Mr. Eric N. Andersen

Chairperson

Mr. Antonio Uribe

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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty) with the period ending 4 September 1981 be corrected to show award of the Army Good Conduct Medal and the Humanitarian Service Medal.

2.  The applicant states, in effect, that he earned the above awards during his active duty service and that the awards should be added to his DD Form 214.

3.  The applicant provides no additional documentation in support of this case.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 
4 September 1981.  The application submitted in this case is dated 6 October 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 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 enlisted in the Regular Army on 5 September 1978 and successfully completed basic training and advanced individual training.  He was awarded military occupational specialty 13B (Cannon Crewman).  

4.  The applicant was honorably separated from active duty on 4 September 1981 in the rank of Specialist Four/E-4 after completing 3 years of creditable active service with no lost time.  His DD Form 214 with the ending period 
4 September 1981 shows he was awarded the Expert Marksmanship Qualification Badge (M-16).  

5.  There are no orders in the applicant's records that show he was awarded the Army Good Conduct Medal 1st Award.  There is no evidence of any adverse information or that his commander disqualified him for award of the Army Good Conduct Medal.

6.  There is no evidence in the applicant's records that show he was awarded the Humanitarian Service Medal.

7.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided policy and criteria concerning individual military decorations.  It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 
3 years but more than 1 year.  At the time, each Soldier had to meet all of the following criteria for the award:  The immediate commander had to evaluate the Soldier's character as above reproach; the record of service had to indicate that the Soldier had willingly complied with the demands of the military environment, had been loyal and obedient to his superiors, had faithfully supported the goals of his organization and the Army and had conducted his or herself in such an exemplary manner as to distinguish him or herself from fellow Soldiers; and the Soldier's efficiency must be evaluated as meeting all requirements and expectations for one of that Soldier's grade, military occupational specialty and experience.  However, there was no right or entitlement to the medal until the immediate commander made positive recommendation for its award and until the awarding authority announced the award in General Orders.

8.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Humanitarian Service Medal is awarded to members who distinguished themselves by meritorious direct participation in a Department of Defense approved significant military act or operation of a humanitarian nature.  A service member must be on active duty at the time of direct participation, must have directly participated in the humanitarian act or operation within the designated geographical area of operation and within specified time limits, and must provide evidence that substantiates direct participation.

9.  Army Regulation 600-8-22 shows that the Army Service Ribbon was established by the Secretary of the Army on 10 April 1981.  This regulation states, in pertinent part, that effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award upon successful completion of initial entry training.  The award may be awarded retroactively to those personnel who completed the required training before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was separated in the rank of Specialist Four with three years of creditable active service with no time lost.  There is no evidence of any adverse information or that his commander disqualified him for award of the Army Good Conduct Medal.  Therefore, it appears the applicant met the eligibility criteria for award of the Army Good Conduct Medal for the period 5 September 1978 through 4 September 1981 based on completion of a period of qualifying service.

2.  There is no evidence of record that shows that the applicant was awarded the Humanitarian Service Medal.  Therefore, there is an insufficient basis for adding the Humanitarian Service Medal to the applicant's DD Form 214.

3.  The applicant met the eligibility criteria for award of the Army Service Ribbon. This award should be added to his DD Form 214.

4.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 4 September 1981; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 
3 September 1984.  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:

________  ________  ________  GRANT FULL RELIEF 

__ENA __  ___AU   _  __REB__  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:

	a.  by awarding him the Army Good Conduct Medal 1st Award for the period 5 September 1978 through 4 September 1981; and

	b.  by amending his DD Form 214 to show award of the Army Good Conduct Medal 1st Award and the Army Service Ribbon.  

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 adding the Humanitarian Service Medal to his DD Form 214.




_   __ Eric N. Andersen      _
          CHAIRPERSON




INDEX

CASE ID
AR20060015638
SUFFIX

RECON

DATE BOARDED
17 MAY 2007
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
PARTIAL GRANT 
REVIEW AUTHORITY
MR. SHATZER
ISSUES         1.
107.0056.0000
2.
107.0075.0000
3.

4.

5.

6.