IN THE CASE OF:	  

		BOARD DATE:	  	  26 March 2009

		DOCKET NUMBER:  AR20080019489 


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, correction of her DD Form 214 (Report of Separation from Active Duty) to show the Army Commendation Medal and Good Conduct Medal.  She also requests that the Airborne School as well as two jungle expert schools be added to her DD Form 214.

2.  The applicant states, in effect, that she was awarded the Army Commendation Medal, on 30 June 1978, while assigned to the 9th Infantry Division.  She believes that it is unjust that the Army Commendation Medal is not shown on her DD Form 214 when she has proof she is authorized the award.  She states that she was also awarded the Good Conduct Medal in 1977.  Additionally, she believes her DD Form 214 should be corrected to show badges for the Airborne school and two jungle schools and all other authorized awards.  She states that she changed her name in February 2002, but her social security number is the same. 

3.  The applicant provides a copy of her DD Form 214 with an effective date of
30 July 1978; an Army Commendation Medal Certificate; a Court Order for Change of Name from the State of Wisconsin, dated 15 February 2002; and a letter from a medical doctor showing the applicant received Sex Reassignment Surgery from male to female.  

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 available military service records show that she enlisted in the U.S. Army Reserve (USAR) Delayed Entry/Enlistment Program on 4 February 1974 and entered active duty in the Regular Army (RA) on 31 July 1974 for a period of 4 years, with an enlistment option of a cash bonus and choice of duty station (82nd Airborne Division, Fort Bragg, North Carolina).  Upon completion of basic combat training and advanced individual training, the applicant was awarded military occupational specialty 11B (Infantryman).  The highest rank that she attained was sergeant/pay grade E-5.   

3.  On 17 December 1974, Headquarters, U.S. Army Infantry Center, Fort Benning, Georgia published Special Orders Number 351 awarding the applicant the Parachutist Badge for successful completion of Airborne training, on 
2 December 1974.

4.  The applicant’s military personnel records contain a DA Form 2-1 (Personnel Qualification Record).  Item 9 (Awards, Decorations and Campaigns) shows she was awarded the National Defense Service Medal and the Parachutist Badge.  

5.  There are no orders in the applicant’s service personnel record which show that she was awarded the Army Commendation Medal. 

6.  The applicant’s DD Form 214 shows she entered active duty on 31 July 1974 and she was honorably released and transferred to the USAR Control Group on 30 July 1978, under the provisions of Army Regulation 635-200, chapter 2 (Completion of Required Active Service).  She completed a total of 4 years of net active service this period.  Item 26 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows she was awarded the National Defense Service Medal and the Expert Qualification Badge (Rifle).  The DD Form 214 does not include the Army Commendation Medal or the Good Conduct Medal.  It also does not show the Parachutist Badge or completion of the Airborne Course or any jungle training. 

7.  In support of her application, the applicant provides a copy of the Army Commendation Medal Certificate, dated 30 June 1978.  

8.   There is no evidence the applicant received the Good Conduct Medal.  There also is no evidence the applicant was disqualified by her chain of command from receiving the Good Conduct Medal and her records do not contain any adverse information.

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 provides, in pertinent part, that the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

11.  Army Regulation 600-8-22 also sets forth requirements for award of the basic Parachutist Badge.  Award of the basic Parachutist Badge requires that an individual must have satisfactorily completed the prescribed proficiency tests while assigned or attached to an airborne unit or the Airborne Department of the Infantry School, or have participated in at least one combat parachute jump.

12.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  Chapter
2 contain guidance on the preparation of the DD Form 214.  It states, in pertinent part, that the source documents for entering information on the DD Form 214 will be the Personnel Qualification Record, Officer Record Brief, or any other document authorized for filing in the OMPF.

13.  The instructions for completing Item 13 state that the awards entered will be for all periods of service and instructs the preparing official to check the Soldier's service records for the validity of awards.  

14.  The instructions for completing item 27 (Remarks) stated that, in addition to other entries, in-service training courses successfully completed during the period of service covered by the DD Form 214 would be listed.  The information is to assist the member after separation in job placement and counseling; therefore, training courses for combat skills will not be listed.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that her DD Form 214 should be corrected to show award of the Army Commendation Medal, Good Conduct Medal, completion of two jungle expert schools and the Airborne Course were carefully considered and found to have partial merit.

2.  The available evidence show that Headquarters, U.S. Army Infantry Center, Fort Benning, Georgia, Special Orders Number 351, dated 17 December 1974, awarded the applicant the Parachutist Badge, effective 2 December 1974.
Therefore, it would be appropriate to correct her DD Form 214 to show the Parachutist Badge.  The applicant’s DD Form 214 should also be corrected to show completion of the Airborne Course in 1974.  

3.  The available evidence also shows the applicant completed a qualifying period of active duty enlisted service for award of the Good Conduct Medal.  Therefore, it would be appropriate to correct her DD Form 214 to show award of the Good Conduct Medal for the period 31 July 1974 through 30 July 1977.

4.  The certificate the applicant provided for award of the Army Commendation Medal is insufficient to establish a basis for correction of her DD Form 214.  There is no corroborating evidence or orders in her available record supporting this award.  

5.  There is also no evidence available to support that the applicant completed any jungle expert schools nor has the applicant provided any evidence. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ____X____  ____X____  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 the applicant the Good Conduct Medal for the period 31 July 1974 through 30 July 1977;
   
   b.  adding the Parachutist Badge and the Good Conduct Medal to her DD Form 214;
   
   c.  adding to Item 27 of her DD Form 214 the entry "Airborne Course 1974"; and  
   
   d.  providing her the appropriate document to show these corrections.

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 the Army Commendation Medal, jungle expert schools, or any awards that are not shown above.  




      _______ _   _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)                                         AR20080019489



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ABCMR Record of Proceedings (cont)                                         AR20080019489



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