IN THE CASE OF:	  

		BOARD DATE:	  	  13 August 2008

		DOCKET NUMBER:  AR20080009309 


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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 26 August 1983 be corrected to show he completed 3 years of active military service.  He also requests correction of his DD Form 214 for the period ending 26 August 1983 to show award of the Army Good Conduct Medal.  

2.  The applicant states that he enlisted in the Regular component of the United States Army on 20 May 1980.  He states that he was involuntarily discharged from the Regular Army on 26 August 1983, which affected his eligibility for receiving the Army Good Conduct Medal and completing his 3-year obligation.  He alleges that this was a grave error or injustice which shortened him one year with the U.S. Army Reserve retirement system.  He states that his early release from active duty restricted his opportunity to wear the Army Good Conduct Medal along with other distinguished awards he received while on active duty.  

3.  The applicant provides a copy of his DD Form 4/1(Enlistment/Reenlistment Document - Armed Forces of the United States), dated 20 May 1980; his DD Form 214 for the period ending 26 August 1983; his DD Form 214 for the period ending 13 March 1980; his DD Form 214 for the period ending 26 October 2003; his U.S. Army Reserve enlistment orders, dated 20 May 1980; his DD Form 1172 (Application for Uniformed Services Identification and Privilege Card); a Request for Personnel Action, dated 21 July 1983; his Regular Army enlistment orders, dated 3 September 1980; his separation orders from the Regular Army, dated 9 July 1983; his separation orders from active duty, dated 26 August 1983; and his Chronological Statement of Retirement Points, dated 1 March 2008.

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.  The applicant enlisted in the U.S. Army Reserve on 27 August 1979.  He was ordered to active duty for training (ADT) on 8 November 1979 and was released from ADT on 13 March 1980.  On the following date, he was transferred back to his Reserve unit.  He was issued a DD Form 214 for the period ending 13 March 1980 which shows he completed 4 months and 6 days of active military service during this period.  

3.  His DD Form 214 for the period ending 13 March 1980 shows the Marksman Marksmanship Qualification Badge with Rifle Bar and the Sharpshooter Marksmanship Qualification Badge with Hand Grenade Bar as authorized awards.  

4.  The applicant enlisted in the U.S. Army Reserve on 20 May 1980 under the delayed enlistment program.  He enlisted in the Regular Army on 3 September 1980 for a period of three years.  

5.  The applicant provided a Request for Personnel Action, dated 21 July 1983, for referral to a Reserve unit.  In Section I of this document, he completed the statement, “I, _______, Rank:  SGT E-5, SSN: ___________ upon completion of my active service, unless sooner authorized, have voluntarily accepted a referral to the following unit:  HHC 168th Eng Grp….”  This document shows his release from active duty date as 2 September 1983.  The applicant signed the document in Section IV.  

6.  He was promoted to sergeant on 16 May 1983 and has no record of disciplinary actions.  There is no evidence he was disqualified by his chain of command from receiving the first award of the Army Good Conduct Medal.

7.  He was released from active duty on 26 August 1983 following his return from Germany in the rank of sergeant.  On the following date, he was transferred to the U.S. Army Reserve Control Group (Reinforcement).  He was issued a DD Form 214 for the period ending 26 August 1983 which shows he completed 2 years, 11 months, and 24 days of active military service during this period and 4 months and 6 days total prior active service.  He had no days of lost time during the period covered by the report.

8.  His DD Form 214 for the period ending 26 August 1983 does not show entitlement to the Army Good Conduct Medal.  

9.  The applicant enlisted in the Army National Guard on 19 June 1984 and was discharged on 26 November 1987.  He was issued a National Guard Bureau (NGB) Form 22 for this period which shows he completed 2 years, 11 months, and 24 days prior active Federal service and a total of 8 years, 2 months, and 25 days total service for pay.  

10.  The applicant was ordered to active duty on 2 February 2003 in support of Operation Enduring Freedom.  He was released from active duty on 26 October 2003 and completed 8 months and 17 days active military service during this period.  

11.  His DD Form 214 for the period ending 26 October 2003 does not show entitlement to the Army Good Conduct Medal.  

12.  The applicant is currently serving in the U.S. Army Reserve in the rank of staff sergeant.  

13.  His Chronological Statement of Retirement Points, dated 1 March 2008, shows he has completed 16 years, 11 months, and 24 days of qualifying service for retired pay at age 60.  

14.  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 enlisted in the Regular Army on 3 September 1980 and was separated on 26 August 1983.  He was subsequently assigned to a Reserve unit. 

2.  The applicant’s 3-year enlistment would normally have ended on 2 September 1983.  However, it appears he was separated early because he was an overseas returnee.  He did not serve for a full 3-year period; therefore, his DD Form 214 for the period ending 26 August 1983 properly reflects 2 years, 11 months, and 24 days active military service.  

3.  There is no evidence of record which shows the applicant was disqualified from receiving the first award of the Army Good Conduct Medal for the period 3 September 1980 through 26 August 1983.  The applicant did not receive any disciplinary actions and was promoted to sergeant during this period of service.

4.  It appears that the applicant has met the requirements for the first award of the Army Good Conduct Medal for the period 3 September 1980 through 26 August 1983.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

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

		a.  awarding him the first award of the Army Good Conduct Medal for the period 3 September 1980 through 26 August 1983; and 

		b.  adding the Army Good Conduct Medal to his DD Form 214 for the period ending 26 August 1983.

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 correcting his DD Form 214 for the period ending 26 August 1983 to show he completed 3 years of active military service.



      _______xxxx_________
               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)                                         AR20080009309



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ABCMR Record of Proceedings (cont)                                         AR20080009309



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