IN THE CASE OF:
BOARD DATE: 31 March 2009
DOCKET NUMBER: AR20090000839
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 correction of Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Army Good Conduct Medal Sixth Award.
2. The applicant states he was awarded six Good Conduct Awards (1 Ribbon and 5 Knots/Loops) and that these awards are not listed on his DD Form 214.
3. The applicant provides copies of his DD Form 214 dated 31 August 1994, and a letter from the Lane County Veterans Service Office, dated 20 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 record shows that he enlisted in the U.S. Army for a period of 6 years on 28 August 1974. He completed basic combat and advanced individual training and was awarded military occupational specialty 82A (Rodman and Tapeman). The highest rank he achieved was staff sergeant/ /E-6. He was honorably released from active duty on 31 August 1994 after completing 20 years and 3 days of continuous active Federal service and placed on the Retired List the following day.
3. Item 13 of the applicants DD Form 214 shows he was awarded the Army Commendation Medal, Army Achievement Medal Fourth Oak Leaf Cluster, Army Service Ribbon, Overseas Service Ribbon Fourth Award, National Defense Service Medal with Bronze Service Star, Recruiter Badge, Noncommissioned Officer Professional Development Ribbon Numeral Three, Marksman Marksmanship Qualification Badge with Pistol Bar (9MM), Expert Marksmanship Qualification Badge with Pistol Bar (.38 Caliber), Expert Marksmanship Qualification Badge with Pistol Bar (.45 Caliber), Expert Marksmanship Qualification Badge with Automatic Rifle Bar, and the Meritorious Service Medal. Item 13 does not show award of the Army Good Conduct Medal Sixth Award.
4. Item 9 (Awards, Decorations and Campaigns) of the applicants DA Form 2-1 (Personnel Qualification Record) shows the entry Army Good Conduct Medal Sixth Award dated 27 August 1992.
5. 369th Personnel Service Company Permanent Orders Number 155-5, dated 28 May 1992, awarded the applicant the Army Good Conduct Clasp Sixth Award for the period of service from 28 August 1989 to 27 August 1992.
6. Army Regulation 672-5-1, in effect at the time, provides that the Good Conduct Medal is awarded to individuals who have completed a qualified 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 award of the Good Conduct Medal, disqualification must be justified by the unit commander or a conviction by court-martial which terminates a period of qualifying service. A clasp is authorized for wear on the Army Good Conduct Medal to denote a second or subsequent award.
7. Army Regulation 635-5 prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. In pertinent part, it states the DD Form 214 is a synopsis of the Soldiers most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.
DISCUSSION AND CONCLUSIONS:
The evidence of record shows the applicant was awarded the Army Good Conduct Medal (Clasp Sixth Award) on 28 May 1992 with the publication of Permanent Orders 155-5. Therefore, he is entitled to correction of his records to show this award.
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 showing award of the Army Good Conduct Medal Sixth Award.
_______ _ 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) AR20090000839
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