IN THE CASE OF:
BOARD DATE: 24 November 2009
DOCKET NUMBER: AR20090011694
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, in effect, that his record be corrected to show the Army Good Conduct Medal (AGCM) and seven other awards and badges he earned; and that he be provided a copy of his separation documents.
2. The applicant states, in effect, that his military record does not show the AGCM and seven other awards and weapons qualifications badges he earned.
3. The applicant provides a copy of his DA Form 2-1 (Personnel Qualification Record) and DD Form 214 (Armed Forces Separation from Active Duty) 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 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 applicants record shows he enlisted in the Regular Army (RA) on 17 October 1974 and that he was trained in and awarded military occupational specialty (MOS) 17C (Target Acquisition Specialist). His DA Form 2-1 shows he was promoted to specialist four (SP4) on 27 November 1976 and that this is the highest rank he attained while serving on active duty. Item 9 (Awards, Decorations & Campaigns) of his DA Form 2-1 is blank.
3. The applicants Official Military Personnel File (OMPF) is void of any derogatory information and/or of a unit commander disqualification that would have precluded the applicant from receiving the AGCM. It is also void of any orders or other documents to show that he ever received any individual awards, decorations, or badges during his tenure on active duty.
4. On 16 October 1977, the applicant was honorably released from active duty (REFRAD), in the rank of SP4, after completing 3 years active military service. The DD Form 214 he was issued contains the entry "None" in Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaigns Ribbons Awarded or Authorized).
5. Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards policy. Chapter 4 prescribes the policy for award of the AGCM. It states, in pertinent part, that the AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service. The normal qualifying period is 3 years. Although there is no automatic entitlement to the AGCM, disqualification must be justified.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that his record should be corrected to show the AGCM has been carefully considered and found to have merit. The applicants record is void of any derogatory information or a unit commander disqualification that would have precluded the applicant from receiving the AGCM. As a result, it would be appropriate to award the applicant the AGCM for his qualifying period of honorable active duty service from 17 October 1974 through 16 October 1977 and to add this award to his record and DD Form 214 at this time.
2. The applicant's contention that he is eligible for 7 additional awards, decorations, and marksmanship badges was also carefully considered. However, the evidence of record is void of any orders, documents, or records entries that indicate the applicant earned any awards, decorations, or badges during his tenure on active duty, and he has failed to provide any independent evidence showing he earned additional awards. Therefore, there is an insufficient evidentiary basis to support granting this portion of the requested relief.
3. It is unclear what specific separation documents the applicant is requesting in his application. However, given he possesses a copy of his DD Form 214, which is the primary separation document, and that a correction to the DD Form 214 (DD Form 215) will be issued as a result of the Board recommendation, it is presumed this portion of his request has been satisfied. However, if he is seeking copies of other separation documents not addressed, he should make that request, in which the specific documents are identified, to the National Personnel Records Center.
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 the applicant the Army Good Conduct Medal for his qualifying period of honorable service from 17 October 1974 to 16 October 1977; by adding the Army Good Conduct Medal to Item 26 of his DD Form 214; and by issuing him a correction to his DD Form 214 to reflect the correction made in this case.
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 adding additional awards, decorations, and badges to his record and 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) AR20090011694
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