IN THE CASE OF:	  

		BOARD DATE:	  30 April 2009

		DOCKET NUMBER:  AR20080014904 


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 the Army Achievement Medal (AAM) and Army Good Conduct Medal (AGCM) be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty).  

2.  The applicant states, in effect, the AAM and AGCM should be added to his record and DD Form 214.  

3.  The applicant provides his DD Form 214, an AGCM certificate, and an AAM certificate and orders in support of his 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 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's record shows that after having served in the United States Army Reserve (USAR) from 31 August 1987 through 18 July 1988, he enlisted in the Regular Army for 2 years and entered active duty on 19 July 1988.  

3.  The applicant's DA Form 2-1 (Personnel Qualification Record) shows he was trained in and awarded military occupational specialty (MOS) 12C (Bridge Crewman), on 7 October 1988, and he completed an overseas tour in Germany on 17 July 1990.  It also shows he was advanced to private first class (PFC), on 
5 July 1989, and that this is the highest rank he attained and held while serving on active duty.  Item 41 (Awards, Decorations & Campaigns) shows that during his active duty tenure, the applicant earned the Army Service Ribbon (ASR), Expert Marksmanship Qualification Badge with Hand Grenade Bar, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  

4.  The applicant's record contains no award orders or certificates.  The record is also void of any derogatory information or a unit commander disqualification that would have precluded award of the AGCM.  

5.  On 23 July 1990, the applicant was honorably released from active duty (REFRAD) after completing 2 years and 5 days of active duty service.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued on the date of his REFRAD shows he earned the ASR, Overseas Service Ribbon (OSR), Sharpshooter Marksmanship Qualification Badge with Rifle Bar and Expert Marksmanship Qualification Badge with Hand Grenade Bar during his active duty tenure.  

6.  The applicant provides Headquarters, 23rd Engineer Battalion, 3rd Armored Division, Permanent Orders 000010-009, dated 8 November 1990, which awarded him the AAM for his meritorious service during the period 17 November 1988 through 29 June 1990, and an AAM certificate that was issued based on this award.  He also provides an AGCM certificate that shows he was awarded the AGCM for the period 19 July 1988 through 18 July 1990.  

7.  Army Regulation 600-8-22 (Military Awards) provides the Army's awards policy.  Chapter 4 contains guidance on award of the AGCM and states, in pertinent part, that it 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, in which case a period of more than 1 year is a qualifying period. Although there is no automatic entitlement to the AGCM, disqualification must be justified.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that the AGCM and AAM should be added to his record and DD Form 214 was carefully considered and found to have merit.  The applicant provides AAM orders and a certificate that confirm he was awarded the AAM for meritorious service during the period between 17 November 1988 and 29 June 1990.  

2.  The applicant’s record is void of any derogatory information or a unit commander disqualification that would have precluded him from receiving the AGCM.  As a result, it is concluded that the applicant completed a period of qualifying honorable active duty service that entitles him to receive the AGCM for his service from 19 July 1988 through 18 July 1990.  Therefore, it would be appropriate to award him the AGCM for this qualifying period of honorable active duty service and to add this award to his record and DD Form 214 at this time.  

3.  It is also noted that the qualifying period ending date listed on the AGCM certificate provided by the applicant is in error.  The evidence of record confirms his eligibility for the first award of the AGCM was not based on his completion of 2 years of active duty service, rather his eligibility for the first award of the AGCM is based on his completion of more than 1 year of qualifying honorable active duty service on the date of his termination of Federal active service, which in this case was 23 July 1990.  Therefore, the AGCM certificate should be corrected to reflect the correct award period and his DD Form 214 should be corrected to show the AGCM.  

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 first award of the AGCM for his qualifying period of honorable active duty service from 19 July 1988 through 23 July 1990; 

	b.  adding the AAM and AGCM to the list of awards contained in Item 13 of his DD Form 214; 

	c.  providing him a correction to his DD Form 214 that includes the AGCM (1st Award) and AAM; and 

	d.  providing him an AGCM certificate that reflects the correct dates for the qualifying period which are 19 July 1988 through 23 July 1990.



      _______ _  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)                                         AR20080014904



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ABCMR Record of Proceedings (cont)                                         AR20080014904



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