IN THE CASE OF:
BOARD DATE: 07 OCTOBER 2008
DOCKET NUMBER: AR20080006574
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, in effect, that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show all of the awards and decorations that he is entitled to.
2. The applicant essentially states that he would like to have his military awards shown on his DD Form 214.
3. The applicant provides his DD Form 214 and a DA Form 638 (Recommendation for Award) which shows that he was awarded the Army Achievement Medal in support of this application.
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's military records show that he enlisted in the Regular Army on 26 January 1995. He completed initial entry training and was awarded military occupational specialty 12B (Combat Engineer). He served on active duty until he was honorably released from active duty on 24 May 1997. The DD Form 214 that was issued to him at the time of his release from active duty shows that he was awarded the National Defense Service Medal, the Army Service Ribbon, and the Marksman Marksmanship Qualification Badge with Rifle Bar.
3. The applicant's DD Form 214 does not show that he was awarded the Army Achievement Medal. However, the applicant provided a DA Form 638 which shows that he was awarded the Army Achievement Medal for meritorious achievement from 6 June 1995 to 15 August 1995 by Headquarters, 168th Engineer Battalion, Fort Lewis, Washington Permanent Order Number 017-12, dated 17 January 1996. His official military records also contain an Army Achievement Medal certificate for the same period of award.
4. During a review of the applicants records, it was determined that he is entitled to an additional award that is not shown on his DD Form 214.
5. The applicant served 2 years, 3 months, and 29 days of continuous enlisted active duty service from 26 January 1995 to 24 May 1997. However, his military records do not show that he was awarded the Good Conduct Medal for this period of service. The applicant's DD Form 214 does not show that he had any lost time, and there is no derogatory information in his official military records which could be a disqualifying factor in awarding him the Good Conduct Medal for this period of service.
6. Army Regulation 600-8-22 (Military Awards) 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 contends that his DD Form 214 should be corrected to show all of the awards and decorations that he is entitled to.
2. Permanent orders awarded the applicant the Army Achievement Medal; however, it is not listed on his DD Form 214. Therefore, he is entitled to correction of his military records to show the award of the Army Achievement Medal.
3. The applicant served 2 years, 3 months, and 29 days of continuous enlisted active duty service from 26 January 1995 to 24 May 1997, and his DD Form 214 does not show that he had any lost time. There is also no derogatory information in his official military records which could be a disqualifying factor in awarding him the Good Conduct Medal for this period of service. Therefore, it would be appropriate at this time to award him the Good Conduct Medal for the period
26 January 1995 to 24 May 1997, and to correct his military records to show the award of the Good Conduct Medal.
BOARD VOTE:
__XXX __ __XXX__ __XXX__ 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 him the Good Conduct Medal for the period 26 January 1995 to 24 May 1997; and
b. showing the award of the Good Conduct Medal and the Army Achievement Medal on his separation document.
___ XXX ___
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) AR20080006574
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