IN THE CASE OF:
BOARD DATE: 5 March 2009
DOCKET NUMBER: AR20090000664
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 Army Good Conduct Medal be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 10 May 1982.
2. The applicant states he was presented the Army Good Conduct Medal in formation 1 month prior to his separation. He states he earned this award for
3 years of active military service without any disciplinary action from 11 May 1979 to 10 May 1982.
3. The applicant provides, in support of his application, copies of his
DD Forms 214 with separation dates of 10 May 1982, 31 March 2004 (with
DD Form 215 [Correction to DD Form 214, Certificate of Release or Discharge from Active Duty]), and 13 November 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 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 military personnel records show he enlisted in the Regular Army on 11 May 1979. He completed basic combat training and advanced individual training and was awarded the military occupational specialty of 12B (Combat Engineer).
3. On 6 June 1979, the applicant accepted nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice (UCMJ), for being absent from his appointed place of duty and failure to obey a lawful order from a commissioned officer, not to have alcoholic beverages in the company area. His punishment consisted of forfeiture of $97 per month for 1 month and placement in the Correctional Custody Facility for 7 days, suspended until 17 July 1979.
4. On 10 May 1982, the applicant was released from active duty by reason of his completion of his required service and transferred to the U.S. Army Reserve. He had completed 3 years of active service that was characterized as honorable.
5. Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicants DD Form 214 does not show he was awarded the Army Good Conduct Medal.
6. The applicant's ARPC Form 249-E (Chronological Statement of Retirement Points), dated 24 February 2009, shows he has served continuously in the USAR from 11 May 1982 to the present date.
7. The applicant's military service records do not contain orders for the award of the Army Good Conduct Medal.
8. Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who had completed a qualified period of active duty enlisted service. This period was each 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service. An individual was required to show that they willingly complied with the demands of the military environment, had been loyal and obedient, and faithfully supported the goals of his organization and the Army.
9. Army Regulation 600-8-104 (Military Personnel Information Management/Records) prescribes the policies governing the Official Military Personnel File, the Military Personnel Records Jacket, the Career Management Individual File, and Army Personnel Qualification Records. In pertinent part, this regulation states that for U.S. military decorations the only acceptable source documentation is the order, letter, or memorandum which awards the decoration.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends he served 3 years active duty from 11 May 1979 to
10 May 1982 without any disciplinary action. However, his records show he accepted NJP on 9 June 1979.
2. There are no orders awarding the applicant the Army Good Conduct Medal for his period of service ending on 10 May 1982. In accordance with Army Regulation 600-8-104 the only acceptable source documentation for an award is the order, letter, or memorandum which awards the award. Therefore, there is insufficient evidence to add the Army Good Conduct Medal to the applicant's
DD Form 214.
3. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy that requirement.
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.
_______ _ 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) AR20090000664
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