RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  25 March 2008
	DOCKET NUMBER:  AR20070016332 


	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.


Ms. Catherine C. Mitrano

Director

Ms. Jeanne Marie Rowan

Analyst

The following members, a quorum, were present:


Ms. Shirley L. Powell

Chairperson

Ms. Yolando Maldonado

Member

Mr. Edward E. Montgomery

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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 14 April 1983 be corrected to show award of the Army Achievement Medal (AAM).  She further requests that her AAM certificate and AAM award order be corrected to show her proper Social Security Number (SSN).

2.  The applicant states, in effect, that her DD Form 214 is incorrect.  She states she was awarded the AAM on 1 February 1983 and that it is not properly reflected on her DD Form 214.  Further, her SSN is incorrect on the AAM certificate and the AAM award orders she was issued on 1 February 1983.  Her correct SSN is "xxx-xx-69xx" and not "xxx-xx-96xx" as shown on the award certificate and orders.  She states that her SSN is correct on her DD Form 214 with a separation effective date of 14 April 1983.  The SSN shown on her DD Form 214 is "xxx-xx-69xx."

3.  The applicant provides copies of her DD Form 214, AAM certificate, Permanent Orders 17-4 dated 1 February 1983, and her Social Security Card.

CONSIDERATION OF EVIDENCE:

1.  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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  Records show the applicant enlisted in the Regular Army on 15 April 1980 for a 3-year period.  She successfully completed basic and advanced individual training and was awarded the military occupational specialty (MOS) 95B (Military Police).  The highest rank she attained while serving on active duty was specialist four/pay grade E-4.  She was honorably released from active duty on 14 April 1983 upon her expiration of her term of service and transferred to the United States Army Reserve (USAR) Control Group (Reinforcement).  

3.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 does not show award of the AAM.  Item 13 does show she was awarded the Humanitarian Service Medal, Army Service Ribbon, Overseas Service Ribbon, and the Marksman Marksmanship Qualification Badge with Automatic Rifle, Pistol, and Grenade Bars.

4.  The applicant's DA Form 20 (Personnel Qualification Record) does not show an entry for the AAM in Item 9 (Awards, Decorations and Campaigns).  

5.  Permanent Order Number 17-4, dated 1 February 1983, published by Headquarters, 32nd Army Air Defense Command awarded her the AAM for meritorious service during the period 17 December 1981 to 14 April 1983.  This permanent order shows her SSN as "xxx-xx-96xx" in its Standard Name Line.

6.  The applicant was issued an AAM Certificate on 1 February 1983 which shows her SSN as "xxx-xx-96xx" in its Standard Name Line.  The AAM certificate states, in pertinent part, that the applicant performed her duties in an outstanding manner during the period 17 December 1981 to 14 April 1983 as the senior security guard in the unit.  Further, she exemplified a high level of intelligence and expertise in the performance of her duties. 

7.  The applicant provided a copy of her Social Security Card, which shows that her correct SSN is "xxx-xx-69xx."

8.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Army Achievement Medal is awarded to any member of the armed forces of the United States, who while serving in a noncombat area on or after 1 August 1981, distinguished themselves by meritorious service or achievement.

9.  A review of the applicant's record indicates entitlement to an additional award that is not shown on her DD Form 214.

10.  The applicant's military service records do not contain orders for award of the Army Good Conduct Medal.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  There also is no evidence the applicant was disqualified by her chain of command from receiving the Army Good Conduct Medal.  Records do not show indiscipline or lost time.  Her records do not contain any adverse information and her records show she received a letter of appreciation from her company commander for outstanding duty performance and that she was awarded the AAM upon her separation from active duty service.
11.  Army Regulation 600-8-22 states, in pertinent part, that 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.  After 27 June 1950, to the present time, the current standard for award of the Army Good Conduct Medal is 3 years of qualifying service, but as little as one year is required for the first award in those cases when the period of service ends with the termination of Federal military service.  Although there is no automatic entitlement to the Army Good Conduct Medal disqualification must be justified.  

DISCUSSION AND CONCLUSIONS:

1.  Based on the publication of permanent orders awarding her the AAM, the applicant is entitled to have her DD Form 214 corrected to show award of the AAM.

2.  The evidence of record, specifically the applicant's official military personnel record and her DD Form 214, shows her correct SSN is "xxx-xx-69xx" vice
"xxx-xx-96xx" as it is shown on her AAM award certificate and on Permanent Orders 17-4.  Therefore, she is entitled to have her AAM award certificate corrected to show her SSN as "xxx-xx-69xx" and to have Permanent Orders 17-4 amended to show her correct SSN as "xxx-xx-69xx." 

3.  Based on the applicant's recognition through a letter of appreciation, award of the AAM upon her expiration of her term of service, and the commander's determination that the applicant was fully qualified for reenlistment and the absence of evidence showing disqualification, the applicant is entitled to the first award of the Army Good Conduct Medal based on completion of qualifying service from 15 April 1980 to 14 April 1983 ending with termination of a period of Federal military service.

BOARD VOTE:

__YM___  __SLP___  __EEM__  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.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  awarding her the Army Good Conduct Medal for the period of service from 15 April 1980 to 14 April 1983;

	b.  correcting the DD Form 214 with a separation date of 14 April 1983 to show award of the Army Achievement Medal and the Army Good Conduct Medal;

	c.  amending Permanent Orders 17-4, dated 1 February 1983, to show her correct SSN as "xxx-xx-69xx"; and

    	d.  preparing and issuing her an Army Achievement Medal certificate which shows her correct SSN as "xxx-xx-69xx" in the Standard Name Line.




_____Shirley L. Powell____
          CHAIRPERSON




INDEX

CASE ID
AR
SUFFIX

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

BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.