RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 22 May 2007
DOCKET NUMBER: AR20060015662
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. Joseph A. Adriance | |Analyst |
The following members, a quorum, were present:
| |Mr. Hubert O. Fry | |Chairperson |
| |Mr. Thomas E. O;Shaughnessy | |Member |
| |Mr. James R. Hastie | |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, that the Army Good Conduct Medal
(AGCM) be added to Item 26 (Decorations, Medals, Badges, Commendations,
Citations and Campaign Ribbons Awarded or Authorized) of his separation
document
(DD Form 214).
2. The applicant states, in effect, that he was awarded the AGCM, but it
was not included on his DD Form 214.
3. The applicant provides his DD Form 214 and AGCM Orders in support of
his application.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error or injustice
that occurred on 7 September 1978, the date of his separation. The
application submitted in this case is dated 27 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’s active duty military records are not available to the
Board. This case is being considered using reconstructed records, which
primarily consist of the applicant's DD Form 214 and the AGCM orders he
provided.
4. The applicant's DD Form 214 shows he enlisted in the Regular Army and
entered active duty on 8 September 1975. He was trained in and awarded
military occupational specialty (MOS) 13B (Field Artillery) and he attained
the rank of specialist four (SP4) on 25 March 1977.
5. On 7 September 1978, the applicant was honorably released from active
duty upon the completion of his required active duty service. The DD Form
214 he was issued at the time shows he completed a total of 3 years of
active military service and that he held the rank of SP4 at the time of his
separation. Item 26 shows that during his active duty tenure, he received
the Marksman Marksmanship Qualification Badge with Rifle Bar.
6. The applicant provides a copy of Headquarters, 1st Corps Support
Command, Fort Bragg, North Carolina, Permanent Orders Number 112-13, dated
11 August 1978, which awarded the applicant the AGCM for honorable period
of qualifying active duty service from 8 September 1975 through 7 September
1978.
7. Army Regulation 635-5 (Separation Documents) prescribes the separation
documents that must be prepared for soldiers on retirement, discharge,
release from active duty service, or control of the Active Army. It also
establishes standardized policy for preparing and distributing the DD Form
214. Chapter 2 contains instructions for the preparation of the DD Form
214. The instructions for the awards block state to enter all awards
earned during military service.
DISCUSSION AND CONCLUSIONS:
The applicant's contention that the AGCM should be added to Item 26 of his
DD Form 214 was carefully considered and found to have merit. Therefore,
it would be appropriate to add it at this time.
BOARD VOTE:
___HOF_ __TEO __ __JRH__ 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 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 amending Item 26 of his 7 September
1978 DD Form 214 by adding the Army Good Conduct Medal; and by providing
him a correction to his separation document that includes this change.
_____Hubert O. Fry______
CHAIRPERSON
INDEX
|CASE ID |AR20060015662 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |2007/05/22 |
|TYPE OF DISCHARGE |HD |
|DATE OF DISCHARGE |1978/09/07 |
|DISCHARGE AUTHORITY |AR 635-200 |
|DISCHARGE REASON |ETS |
|BOARD DECISION |GRANT |
|REVIEW AUTHORITY |Mr. Schwartz |
|ISSUES 1. 46 |107.0000 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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