IN THE CASE OF:	

		BOARD DATE:	  8 December 2009

		DOCKET NUMBER:  AR20090011523 


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 Commendation Medal and a second award of the Army Achievement Medal.

2.  The applicant states that he was discharged from the Army prior to receipt of the requested awards.

3.  The applicant provides a copy of a certificate of achievement, dated 13 September 1996; a copy of a certificate, dated 6 August 1997, showing award of the Army Commendation Medal; a copy of a certificate, dated 11 March 1997, showing award of the Army Achievement Medal; and a copy a DA Form 638 (Recommendation for Award), dated 15 July 1997, showing award of the Army Achievement Medal in support of his request.

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 records show he enlisted in the Regular Army for a period of 3 years on 27 October 1994.  He completed basic combat and advanced individual training and was awarded military occupational specialty 19D (Cavalry Scout).  He was honorably discharged in the rank/grade of specialist (SPC)/E-4 on 17 August 1997 by reason of disability with entitlement to severance pay.

3.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the Army Achievement Medal, the National Defense Service Medal, the Army Lapel Button, and the Sharpshooter Marksmanship Badge with Rifle and Grenade Bars.

4.  Headquarters, 2nd Squadron, 3rd Armored Cavalry Regiment, Fort Carson, CO, Permanent Orders 70-024, dated 11 March 1997, show the applicant was awarded the Army Achievement Medal for meritorious achievement during the unit's Winter 97 Level II Gunnery.

5.  Headquarters, 3rd Armored Cavalry Regiment, Fort Carson, CO, Permanent Orders 218-04, dated 6 August 1997, show the applicant was awarded the Army Commendation Meal for exceptionally meritorious service from 3 March 1995 to 17 August 1997.

6.  The applicant's records do not contain orders awarding him a second award of the Army Achievement Medal.

7.  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.

8.  Review of the applicant's records indicates his entitlement to additional awards that are not shown on his DD Form 214.

9.  Headquarters, 2nd Squadron, 3rd Armored Cavalry Regiment, Fort Carson, CO, Permanent Orders Number 254-007, dated 6 September 1996, show the applicant was awarded the Driver's Badge for 12 consecutive months of accident-free driving with a tracked vehicle.

10.  The applicant's records do not contain orders awarding him the Army Good Conduct Medal.

11.  The applicant's records do not contain derogatory information in the form of nonjudicial punishment, lost time, a court-martial, or a suspension of favorable personnel action.

12.  Army Regulation 600-8-22 (Military Awards) 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.

DISCUSSION AND CONCLUSIONS:

1.  Permanent orders awarded the applicant the Army Commendation Medal for exceptionally meritorious service from 3 March 1995 to 17 August 1997 which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this award.

2.  Permanent orders awarded the applicant the Driver's Badge for 12 consecutive months of accident-free driving with a tracked vehicle which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this award.

3.  The evidence of record confirms that the applicant served honorably during the period 27 October 1994 through 17 August 1997.  He attained the rank/grade of SPC/E-4 and was awarded the Army Commendation Medal.  Lacking any derogatory information on file that would have disqualified him, it would be appropriate to award the applicant the first award of the Army Good Conduct Medal.  Therefore, he is entitled to correction of his records to show this award.

4.  With respect to a second award of the Army Achievement Medal, permanent orders awarded the applicant the Army Achievement Medal for meritorious achievement during the unit's Winter 97 Level II Gunnery.  This award is listed on his DD Form 214.  There is no evidence in the available record and the applicant did not provide any evidence to show he was awarded a second award of the Army Achievement Medal.  Therefore, there is insufficient evidence to list a second award in this case.


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 the applicant the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 27 October 1994 through 17 August 1997; and 

	b.  adding to his DD Form 214 the Army Good Conduct Medal (1st Award), the Army Commendation Medal, and the Driver's Badge.

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 a second 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)                                         AR20090011523



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ABCMR Record of Proceedings (cont)                                         AR20090011523



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