IN THE CASE OF:
BOARD DATE: 12 November 2009
DOCKET NUMBER: AR20090010245
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 Good Conduct Medal (1st Award), two Army Achievement Medals, and a Certificate of Achievement.
2. The applicant states the award [believed to mean Army Good Conduct Medal] was never issued.
3. The applicant provides a DD Form 214 for the period ending 27 January 1998, two Army Achievement Medal certificates, and a Certificate of Achievement 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 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 records show he enlisted in the Regular Army on 1 February 1994 and was awarded the military occupational specialty of parachute rigger.
3. The applicant received a general discharge for misconduct on 27 January 1998. His DD Form 214 shows he had lost time during the periods 23 September 1997 to 26 September 1997 and 29 September 1997 to 9 October 1997. It does not show award of any Army Achievement Medal.
4. There is no evidence the applicant was awarded of the Army Good Conduct Medal. There also is no evidence the applicant was disqualified by his chain of command from receiving the Army Good Conduct Medal during his initial 3 years of continuous active duty and his records do not contain any adverse information for that period of time.
5. The applicant provided certificates showing he was awarded two Army Achievement Medals. Both of those certificates reflect the permanent order number for the awards.
6. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their exemplary conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service. After 27 June 1950 to the present time, the current standard for award of the Army Good Conduct Medal is 3 years of qualifying service, but as little as 1 year is required for the first award in those cases when the period of service ends with the termination of Federal military service. Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.
7. Army Regulation 635-5 (Separation Documents) prescribes policies and procedures regarding separation documents. This regulation states that only awards and decorations authorized by Army Regulation 600-8-22 will be listed on a Soldier's DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. While the applicant's records show he had two periods of lost time, he had qualifying service for a 3-year period prior to his lost time. Therefore, it would be appropriate to award him the Army Good Conduct Medal for the period 1 February 1994 to 31 January 1997 and to correct his DD Form 214 to show this award.
2. The certificates provided by the applicant indicate that he was awarded two Army Achievement Medals. Therefore, he is entitled to have his DD Form 214 with an ending date of 27 January 1998 corrected to show these awards.
3. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of the DD Form 214 is limited to awards and decorations listed in Army Regulation 600-8-22 and there are no provisions for including certificates. As such, the applicant is not entitled to have his DD Form 214 amended to show the Certificate of Achievement.
4. In view of the foregoing, the applicant is entitled to have his records corrected as shown below.
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 first award of the Army Good Conduct Medal for the period 1 February 1994 to 31 January 1997; and
b. adding to his DD Form 214 two Army Achievement Medals and the Army Good Conduct Medal.
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 entry of the certificate of achievement on the applicant's DD Form 214.
___________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) AR20090010245
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20090010245
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