IN THE CASE OF:	

		BOARD DATE:	  20 October 2009

		DOCKET NUMBER:  AR20090006848 


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 records be corrected to show he was awarded the Good Conduct Medal and either the Army Commendation Medal or the Army Achievement Medal. 

2.  The applicant essentially states that he was in a small detachment that was being reassigned just as the leadership was retiring.  However, his detachment commander told him that he would be awarded the Good Conduct Medal and either an Army Achievement Medal or an Army Commendation Medal.  He states that he believes the award recommendations were lost due to his quick medical discharge on Christmas Eve, his unit being in transition, and due to the retirement of his commander. 

3.  The applicant provides two certificates of achievement, dated 17 October 1991 and 19 December 1991, which show that he was selected Soldier of the Month in his battalion in October 1991 and Soldier of the Quarter in December 1991; a certificate, dated 24 April 1992, showing that he completed a Nuclear, Biological, and Chemical Defense course; and his promotion certificate showing he was advanced to the rank of specialist (SPC) in support of this 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 military records show that he enlisted in the Regular Army on 1 August 1990.  He completed basic training at Fort Bliss, Texas and advanced individual training at Fort Leonard Wood, Missouri and was awarded military occupational specialty (MOS) 62G (Quarrying Specialist).  He remained at Fort Leonard Wood for what would be his only permanent duty assignment with the 285th Engineer Detachment.  He progressed in rank and pay grade from private (PVT)/E-1 to SPC/E-4 in the span of 15 months.  He was issued a physical profile for asthma in November 1992 which ultimately led to his discharge with disability severance pay on 24 December 1992.  His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows that he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar, the Expert Marksmanship Qualification Badge with Grenade Bar, the National Defense Service Medal, and the Army Service Ribbon.

3.  The applicant's military records do not show that he was awarded the Good Conduct Medal, but they do show that he served 2 years, 4 months, and 24 days of continuous active service from 1 August 1990 to 24 December 1992.  There is also no derogatory information in his military records which could be a disqualifying factor for award of the Good Conduct Medal for this period of service.  

4.  The applicant's military records also do not show that he was awarded either the Army Commendation Medal or the Army Achievement Medal.  

5.  Army Regulation 600-8-22 (Military Awards) provides that the Good Conduct Medal is awarded to Soldiers who distinguishes himself or herself from among his or her fellow Soldiers by their exemplary 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.  Throughout a qualifying period, each enlisted Soldier must, among other requirements, conduct themselves in such an exemplary manner as to distinguish them from their fellow Soldiers.  In terms of job performance, the Soldier's efficiency must be evaluated and must meet all requirements and expectations for that Soldier's grade, MOS, and experience.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified. 

6.  Army Regulation 600-8-22 also provides 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.

7.  This regulation further provides that the Army Achievement Medal is awarded to any member of the armed forces of the United States, who while serving in a noncombat area on or after 1 August 1981, distinguished themselves by meritorious service or achievement.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

8.  Title 10, U.S. Code, section 1130 (10 USC 1130) provides the legal authority for consideration of proposals for decorations not previously submitted in timely fashion.  It allows, in effect, that upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award or presentation of a decoration (or the upgrading of a decoration), either for an individual or a unit, that is not otherwise authorized to be presented or awarded due to limitations established by law or policy for timely submission of a recommendation for such award or presentation.  Based upon such review, the Secretary shall make a determination as to the merits of approving the award or presentation of the decoration.

9.  The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to the Secretary of the Army at the following agency:  U.S. Army Human Resources Command, Personnel Service Support Division, 200 Stovall Street, Room 3S67, Alexandria, VA  22332-0405.  The applicant's unit must be clearly identified, along with the period of assignment and the award being recommended.  A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638.  Requests for consideration of awards should be supported by sworn affidavits, eyewitness statements, certificates, and related documents.  Corroborating evidence is best provided by commanders, leaders and fellow Soldiers who had personal knowledge of the circumstances and events relative to the request.  The burden and costs for researching and assembling documentation to support approval of requested awards and decorations rest with the requestor.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he should be awarded the Good Conduct Medal and either the Army Commendation Medal or the Army Achievement Medal. 

2.  The applicant served 2 years, 4 months, and 24 days of continuous enlisted active service from 1 August 1990 to 24 December 1992, and there is no derogatory information in his military records which could be a disqualifying factor for awarding him the Good Conduct Medal for this period of service.  In view of the foregoing, it would be appropriate to award him the Good Conduct Medal for the period 1 August 1990 to 24 December 1992 and to correct his military records to show this medal.

3.  The applicant's contention that his records should be corrected to show he was awarded either the Army Commendation Medal or the Army Achievement Medal due to the recommendations being lost or due to circumstances beyond his control which included his quick departure on Christmas Eve as a result of being discharged, his unit being in transition, and the retirement of his commander, was considered.  

4.  However, all awards of the Army Commendation Medal and the Army Achievement Medal must be announced in official orders which the applicant did not provide and they are not in his military records.  Regrettably, absent orders which awarded either the Army Commendation Medal or the Army Achievement Medal, there is insufficient basis upon which to correct his military records to show either of these awards.  

5.  Notwithstanding the above, the applicant is advised that while the available evidence is insufficient for awarding him any personal decorations, this in no way affects his right to pursue his claim for a personal decoration by submitting a request through his Member of Congress under the provisions of 10 USC 1130.

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 awarding him the Good Conduct Medal for the period 1 August 1990 to 
24 December 1992 while serving as a SPC and adding it to his DD Form 214.

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 awarding him either the Army Commendation Medal or the Army Achievement Medal.  




      _______ _   _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)                                         AR20090006848



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ABCMR Record of Proceedings (cont)                                         AR20090006848



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