IN THE CASE OF:
BOARD DATE: 23 September 2008
DOCKET NUMBER: AR20080011799
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 he be awarded the Good Conduct Medal (GCM), the Army Achievement Medal (AAM), and the Overseas Service Ribbon (OSR).
2. The applicant states, in effect, that he was awarded the AAM and he earned the OSR but the awards are not annotated on his DD Form 214. He also states that he was eligible for the GCM but it was never awarded to him.
3. The applicant provides his DD Form 214 (Certificate of Release or Discharge from Active Duty), a copy of Permanent Orders Number 015-1 for award of the AAM and the Certificate.
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 record shows he enlisted in the Regular Army on 21 June 1979. He completed basic combat training and advanced individual training and was awarded the military occupational specialty (MOS) 95B (Military Police). The highest rank he attained while serving on active duty was Specialist (SPC)/pay grade E-4.
3. Item 5 (Overseas Service) of the applicants DA Form 2-1 (Personnel Qualification Record (PQR) shows that he served in the Republic of Germany from 2 February 1981 to 2 April 1982, while assigned to the 218th Military Police Company, this service equals 14 months.
4. Item 9 (Awards, Decorations, and Campaigns) of the applicant's DA Form 2-1 (Personnel Qualification Record) shows that he earned the Expert Marksmanship Qualification Badge with Rifle Bar (M-16), the Expert Marksmanship Qualification Badge with Grenade and Pistol Bars, the Army Service Ribbon, and the Army Achievement Medal.
5. On 20 June 1982, the applicant was honorably released from active duty and transferred to the United States Army Reserve (USAR) Control Group (Reinforcement) after completing a total of 3 years of active service.
6. Permanent Orders Number 015-1, Headquarters, 14th Military Police Group, APO AE 09017, and the AAM Certificate show the applicant was awarded the AAM for the period of service from 4 February 1981 to 15 June 1982.
7. The GCM, the AAM, and the OSR are not included in the list of awards contained on the applicants DD Form 214, issued on 10 June 1982.
8. The applicants Official Military Personnel File (OMPF) is void of any derogatory information or of a unit commander disqualification that would have precluded him from receiving the AGCM.
9. 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.
10. 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.
11. Army Regulation 600-8-22 prescribes the policy on Army awards and decorations. Paragraph 5-2 contains guidance on award of the Overseas Service Ribbon. It states, in pertain part, that effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserves in an active Reserve status are eligible for this award. The ribbon may be worn retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had active duty status as defined above on or after 1 August 1981.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his record should be corrected to show award of the GCM, AAM and the OSR were carefully considered and found to have merit.
2. Permanent Orders Number 015-1, dated 18 October 2002 show the applicant was awarded the AAM. Therefore, his DD Form 214 should be corrected to show this award.
3. The available evidence shows the applicant was eligible for award of the GCM for the period 21 June 1979 through 20 June 1982. Therefore, he is entitled to award of the GCM.
4. Records show the applicant served continuously in the Republic of Germany for 1 year, 2 months, and 21 days. Therefore, he is entitled to award of the OSR.
BOARD VOTE:
____X____ ____X____ ____X____ 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 his qualifying period of honorable active duty service from 21 June 1979 through 20 June 1982;
b. awarding him the Army Achievement Medal, and
c. awarding him the Overseas Service Ribbon.
___________X____________
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) AR20080011799
4
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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