IN THE CASE OF:
BOARD DATE: 8 May 2008
DOCKET NUMBER: AR20080003167
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) with the period ending 11 November 1979 to show award of the Army Commendation Medal.
2. The applicant states, in effect, that the above award was omitted from his DD Form 214.
3. The applicant provides his DD Form 214; Headquarters, Fort Devens Permanent Orders 167-2, dated 24 October 1979; two Letters of Commendation; and a Certificate of Achievement, dated 6 December 1976.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant enlisted in the Regular Army on 12 November 1976 and successfully completed basic training and advanced individual training. He was awarded military occupational specialty (MOS) 82B (Construction Surveyor).
3. Headquarters, Fort Devens Permanent Orders 167-2, dated 24 October 1979, show that the applicant was awarded the Army Commendation Medal for meritorious service for the period 24 January 1977 to 11 November 1979.
4. On 11 November 1979, the applicant was honorably released from active duty in the rank of Sergeant (SGT)/E-5 after completing 3 years of creditable active service with no time lost.
5. There is no evidence the applicant received the Army Good Conduct Medal (1st Award). There also is no evidence the applicant was disqualified by his chain of command from receiving the Army Good Conduct Medal (1st Award). His records do not contain any adverse information.
6. Army Regulation 600-8-22 (Military Awards) provides 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. 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. Evidence of record shows that the applicant was awarded the Army Commendation Medal. His DD Form 214 should be corrected to show this award.
2. The applicant was separated in the rank of SGT/E-5t with 3 years of creditable active service with no time lost. Therefore, it appears the applicant met the eligibility criteria for award of the Army Good Conduct Medal (1st Award) for the period 12 November 1976 through 11 November 1979 based on completion of a period of qualifying service.
BOARD VOTE:
___XX__ __XX ___ __XX___ 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:
a. by awarding the applicant the Army Good Conduct Medal
(1st Award) for the period 12 November 1976 through 11 November 1979; and
b. by amending his DD Form 214 to add the Army Good Conduct Medal (1st Award) and the Army Commendation Medal.
_ XX ___
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20080003167
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