IN THE CASE OF:
BOARD DATE: 7 January 2010
DOCKET NUMBER: AR20090012494
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 removal of the Marine Corps Good Conduct Medal (MCGCM) from his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 12 March 2005.
2. The applicant states, in effect, that he was not awarded the MCGCM. He adds that he was in the Marine Corps for 2 years and 3 months and the medal is awarded after completing 4 years of service. The applicant states that the award is not listed on his Marine Corps DD Form 214 for the period ending 31 May 1988.
3. The applicant provides a copy of his DD Forms 214 from the U.S. Army and from the U.S. Marine Corps (USMC).
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 that he enlisted in the USMC on 20 February 1986. He served 2 years, 3 months, and 12 days and was honorably discharged on 31 May 1988.
3. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorize) of his DD Form 214 from the USMC does not show the award of the Marine Corps Good Conduct Medal. Item 18 (Remarks) of this form further shows that the Good Conduct Medal period for the 1st award commenced on 20 February 1986.
4. The applicants record shows that he enlisted in the Army National Guard (ARNG) on 27 July 2004. His DD Form 214 shows that he entered active duty this period on 5 December 2004 and he was honorably released from active duty on 12 March 2005. He was subsequently transferred to his ARNG unit in Manchester, NH. Item 13 of his DD Form 214 shows the "Marine Corps Good Conduct Medal."
5. Secretary of the Navy Instructions (SECNAVINST) 1650.1H, Subject: Navy and Marine Corps Awards Manual, provides guidance and regulations concerning awards available for recognizing individuals and units in the
Naval Service. Chapter 4 (Campaign and Service Awards), section 2 (Requirements), paragraph 3 (MCGCM) states that after 10 December 1945, the requirement is any 3 years of enlisted service consisting of a combination of periods of active service in a war, national emergency, or armed hostilities in which the United States is engaged.
6. Army Regulation 635-5 (Separation Documents) establishes standardized policy for preparing and distributing the DD Form 214 to Active Army Soldiers , U.S. Military Academy cadets, and the specific categories of the Army National Guard of the United States (ARNGUS) and the U.S. Army Reserve (USAR) unless otherwise indicated:. The regulation states that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. Paragraph 2-4, in pertinent part, requires the preparer to list in item 13 awards and decorations for all periods of service in priority sequence. Each entry will be verified by the Soldier's records. Do not use abbreviations.
DISCUSSION AND CONCLUSIONS:
Evidence of record shows that the applicant served 2 years, 3 months, and
12 days in the USMC. Based on the 3-year continuous service requirement, records show he did not meet the minimum time in service requirement for award of the MCGCM. The applicant also states that he was not awarded the MCGCM. Therefore, it would be appropriate to remove the MCGCM from item 13 of his DD Form 214 for the period ending 12 March 2005.
BOARD VOTE:
____X__ ____X___ ____X___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting from item 13 of his DD Form 214 for the period ending 12 March 2005 the Marine Corps Good Conduct 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.
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