IN THE CASE OF:	  

		BOARD DATE:	      12 MAY 2009

		DOCKET NUMBER:  AR20080018235 


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 dates be corrected on all of his awards to show that the awards were rendered during his first enlistment.

2.  The applicant states that according to the National Personnel Records Center (NPRC) his lost medals/awards cannot be replaced by NPRC because the awards were rendered during his last period of service in which he received an under other than honorable characterization of service.  The applicant added that he received the 2nd and 3rd award of the Army Achievement Medal (AAM) in 1985 and early 1987, respectively.  He also maintains that the numeral 3 on the Professional Development Ribbon was received in 1987.

3.  The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty) and three letters from the NPRC.

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 he enlisted in the Regular Army and entered active duty on 3 June 1982.  On 8 March 1985, the applicant reenlisted for a period of 3 years.  He was discharged on 19 December 1989 with a characterization of service of under other than honorable conditions.

3.  On 31 January 2008, the NPRC notified the applicant of the shipment of the following awards:  AAM; Good Conduct Medal (GCDML); NCO Professional Development Ribbon with Numeral 2; Army Service Ribbon; Overseas Service Ribbon; Drive and Mechanic Badge with Driver "W" Bar; Expert Badge with Automatic Rifle Bar with Grenade Bar;  Air Assault Badge; Multinational Force and Observers Medal; and the Korea Defense Service Medal.  The NPRC also said that the above awards were authorized based on the documentation he provided. However, NPRC noted that the Department of the Army maintains jurisdiction for issuing the actual awards.

4.  In a letter, undated, the NPRC said that they could only issue medals to the applicant for a period of service which ended with an honorable discharge.  The NPRC said that the medals from the applicant's last period which ended with an under other that honorable conditions discharge could not be issued.  This would include the Recruiter Badge, Oak Leaf Clusters for the Army Achievement Medal, and the 2nd Award of the Good Conduct Medal.  

5.  Headquarters, 101st Airborne Division (Air Assault) and Fort Campbell Permanent Orders Number 36-9, dated 22 February 1984, awarded the applicant the AAM for meritorious achievement from 22 June 1983 through 15 February 1984.

6.  Headquarters, 101st Airborne Division (Air Assault) and Fort Campbell Permanent Orders Number 181-16, dated 24 September 1985, awarded the applicant the AAM (First Oak Leaf Cluster) for meritorious service from 
13 October 1982 through 9 October 1985. 

7.  Additionally, his records contain an award certificate, dated 28 July 1987, which awarded him the AAM for exceptional achievement on 15 July 1987.  

8.  Headquarters, Fort Sam Houston Permanent Orders 79-2, dated 20 June 1988, awarded the applicant the Good Conduct Medal (2nd Award) for the period 3 June 1985 to 2 June 1988.


9.  A memorandum, dated 2 August 1988, shows that the applicant was awarded the Basic Recruiter Badge with One Gold Achievement Star for the period 
1 February 1988 through 31 July 1988.

10.  On 9 October 1988, the applicant was convicted by civil authorities for driving while intoxicated and for fleeing and attempting to elude the police.  As a result of his conviction, he was released from recruiting duty in February 1989 after being identified as an unsuitable recruiter.

11.  A review of the applicant's record shows that he completed his Advance Noncommissioned Officer Course (ANCOC) on 4 August 1987.

12.  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.  

13.  United States Army Recruiting Command (HQ USAREC) Supplement 1 to Army Regulation 600-8-22 states, in pertinent part, that USAREC will automatically issue a memorandum revoking the U.S. Army Basic Recruiter Badge, U.S. Army Gold Recruiting Badge, and achievement stars with all incentive awards if the recipient is involuntarily reassigned or removed from position for cause, regardless of the amount of time the individual has served in the position in a satisfactory manner.

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows that the applicant received the 2nd and 3rd award of the AAM on 24 September 1985 and 28 July 1987, respectively.  The award of numeral 3 for completion of ANCOC occurred on 4 August 1987.  Additionally, the records show that the applicant was awarded the Recruiter Badge with Gold Star on 2 August 1988 for the period 1 February 1988 to 31 July 1988.  Orders dated 20 June 1988 awarded him the Good Conduct Medal (2nd Award) for the period 3 June 1985 to 2 June 1988.

2.  As specified in the regulation, the award of the Good Conduct Medal is normally rendered to those Soldiers that distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  The Recruiting Badge with gold achievement star, according to regulation, should have been revoked when the applicant was removed from recruiting duty.
3.  Nevertheless, there is no evidence and the applicant has failed to provide any to show that the date contained on the orders/memorandum awarding him the 2nd and 3rd award of the AAM, Recruiter Badge with gold star, NCO Professional Development Ribbon with number 3 or the Good Conduct Medal are incorrect.  The fact that NPRC chose not to issue medals to the applicant during a period of service in which his service was characterized as under other than honorable is their prerogative and has no bearing on this request to correct the date that his awards were rendered.  Therefore, the applicant's records are correct as constituted.  

4.  In view of the foregoing, there is no basis for granting the applicant's request.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X_____  ____X____  ___X_____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.




      _______ _   _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)                                         AR20080018235





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ABCMR Record of Proceedings (cont)                                         AR20080018235



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