IN THE CASE OF:	  

		BOARD DATE:	  19 November 2009

		DOCKET NUMBER:  AR20090010134 


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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Army Achievement Medal, the Army Good Conduct Medal, and his overseas service in the Federal Republic of Germany.

2.  The applicant states that he was physically and mentally hurting at the time of his separation and did not pay close attention to the accuracy of his records.

3.  The applicant provides, in support of his application, copies of his DD Form 214, Armor School Diploma, letter of appreciation, Certificate of Promotion, extracts of his service medical records, certificate for award of the Army Achievement Medal and his Honorable Discharge Certificate from the U.S. Army Reserve. 

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.  On 18 February 1981, the applicant enlisted in the Regular Army.  He completed his initial training and was awarded military occupational specialty (MOS) 45T (Turret Mechanic).

3.  On 29 June 1981, the applicant departed Fort Knox, Kentucky, for duty in the Federal Republic of Germany.  He was subsequently assigned for duty as a turret mechanic with the 1st Battalion, 36th Infantry Regiment.

4.  On 11 February 1982, the applicant returned to the United States and was assigned to the Medical Holding Company located in Aurora, Colorado.

5.  Item 5 (Overseas Service) of the applicant's DA Form 2-1 (Personnel Qualification Record-Part II) indicates that he served 6 months and 23 days in the Federal Republic of Germany and did not complete the normal tour.

6.  On 29 October 1982, the applicant was promoted to specialist four, pay grade E-4.

7.  On 11 November 1982, the applicant was assigned to Company C, 1st Battalion, Fort Sam Houston, Texas, for training in MOS 91E (Dental Specialist).  He was subsequently released from this training and assigned to the 2nd Battalion, 41st Infantry Regiment, located at Fort Hood, Texas.

8.  On 17 February 1984, the applicant was released from active duty due to the expiration of his term of service.  He was transferred to the U.S. Army Reserve Control Group (Reinforcement).  He had attained the rank of specialist four, pay grade E-4, and had completed 3 years of active duty service.

9.  Item 12f (Foreign Service) of the applicant's DD Form 214 indicates no overseas service.

10.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists his awards as the Army Service Ribbon, the Marksman Marksmanship Qualification Badge with Grenade Bar, and the Expert Marksmanship Qualification Badge with Rifle Bar.  It does not show award of the Army Achievement Medal or the Army Good Conduct Medal.

11.  The applicant provided a certificate for award of the Army Achievement Medal.  No permanent award orders are available.

12.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, 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 himself or herself by meritorious service or achievement.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  

13.  Army Regulation 600-8-22 provides that the Army 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 Army Good Conduct Medal, disqualification must be justified.

14.  Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214.  It provides, in pertinent part, for an entry in item 12f showing the total amount of foreign service completed during the current period of active duty.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of the Army Achievement Medal, the Army Good Conduct Medal, and his overseas service in the Federal Republic of Germany.

2.  There is no available evidence of record to corroborate the Army Achievement Medal Certificate provided by the applicant.  Therefore, his request to correct his records to show award of the Army Achievement Medal should be denied.  However, should the applicant have or be able to obtain a copy of the orders awarding him the Army Achievement Medal or other corroborating evidence, he may submit another application for consideration.

3.  The applicant's records clearly show that he served a qualifying period of service for award of the Army Good Conduct.  There is no evidence of any disciplinary action, court-martial, or that the commander took action to deny him the Army Good Conduct Medal.  Therefore, it is presumed that his not receiving an Army Good Conduct Medal for his service was an oversight.  Accordingly, he should be awarded this medal.

4.  The applicant's records clearly show that he served in the Federal Republic of Germany for a period of 6 months and 23 days.  Therefore, his DD Form 214 should be corrected to show this overseas service.

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 him the Army Good Conduct Medal for the period 18 February 1981 to 17 February 1984;

	b.  adding 6 months and 23 days to item 12f of his DD Form 214; and

	c.  adding the Army Good Conduct Medal to item 13 of 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 the award of 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)                                         AR20090010134



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ABCMR Record of Proceedings (cont)                                         AR20090010134



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