BOARD DATE:	  February 23, 2010

		DOCKET NUMBER:  AR20090015394 


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 five awards of the Army Achievement Medal and two awards of the Army Good Conduct Medal.

2.  The applicant states, in effect, he has certificates and orders that prove he received these awards.

3.  The applicant provides copies of Army Achievement Medal award orders, six award certificates, and his DD Form 214 in support of his 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 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 enlisted in the U.S. Army Reserve Delayed Entry Program on 29 July 1982 and enlisted in the Regular Army on 2 November 1982.  He was awarded military occupational specialty 11H (Heavy Anti-Armor Weapons Infantryman) upon completion of training.  The applicant continued to serve in the Regular Army and attained the rank of sergeant/pay grade E-5.

3.  The applicant's DA Form 2-1 (Personnel Qualification Record) shows in:

   a.  item 9 (Awards, Decorations, and Campaigns) the Army Service Ribbon, Parachutist Badge, Armed Forces Expeditionary Medal, Combat Infantryman Badge, Army Achievement Medal (3rd Award), Army Good Conduct Medal (1st Award), Driver and Mechanic Badge with "W" Bar, Noncommissioned Officer Professional Development Ribbon, Sharpshooter Marksmanship Qualification Badge with Hand Grenade Bar, and Expert Marksmanship Qualification Badge with (M-16) Rifle Bar; and

	b.  item 35 (Record of Assignments), in pertinent part, that he was assigned to Company E, 5th Battalion, 8th Infantry, Germany, from 26 June 1989 to 11 September 1990.

4.  Headquarters, 82nd Airborne Division, Fort Bragg, North Carolina, Permanent Orders 93-16, dated 11 June 1984, awarded the applicant the Army Achievement Medal for meritorious achievement during the period 2 March 1984 to 20 March 1984.

5.  Headquarters, 82nd Airborne Division, Fort Bragg, North Carolina, Permanent Orders 212-21, dated 11 December 1984, awarded the applicant the Army Achievement Medal (1st Oak Leaf Cluster) [2nd Award] for meritorious service during the period 24 March 1983 to 4 October 1984.

6.  Headquarters, 5th Personnel Service Company, Fort Polk, Louisiana, Permanent Orders 91-060, dated 24 May 1989, awarded the applicant the Army Achievement Medal (3rd Award) [2nd Oak Leaf Cluster] for meritorious achievement during the period 18 February 1989 to 13 March 1989.

7.  Headquarters, 1st Brigade, 8th Infantry Division (Mechanized), Germany, Permanent Orders 12-5, dated 10 October 1989, as amended by Headquarters, 5th Battalion (Mechanized), 8th Infantry Division (Mechanized), Germany, orders, dated 7 June 1990, awarded the applicant the Army Achievement Medal (3rd Oak Leaf Cluster) [4th Award] for meritorious achievement during the period 12 September 1989 to 13 September 1989.

8.  Headquarters, 5th Infantry Division (Mechanized) and Fort Polk, Fort Polk, Louisiana, Permanent Orders 203-21, dated 1 November 1985, awarded the applicant the Army Good Conduct Medal (1st Award) for exemplary performance, efficiency, and fidelity during the period 2 November 1982 to 1 November 1985.

9.  Headquarters, 257th Personnel Service Company, Composite Team, Germany, memorandum, dated 23 August 1990, subject:  Good Conduct Medal Determination, shows the assistant personnel officer determined the Army Good Conduct Medal was not required for the applicant because he was being discharged from active duty prior to the completion of 3 years of active Federal military service from the through date of his last Army Good Conduct Medal.

10.  The applicant's DD Form 214 shows he entered this period of active duty on 2 November 1982 and he was honorably discharged on 12 September 1990.  At the time he had completed 7 years, 10 months, and 11 days of net active service this period and 3 months and 3 days of total prior inactive service.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) shows the Army Service Ribbon, Army Achievement Medal (2nd Oak Leaf Cluster), Army Good Conduct Medal, Noncommissioned Officer Professional Development Ribbon, Armed Forces Expeditionary Medal, Combat Infantryman Badge, Sharpshooter Marksmanship Qualification Badge with Grenade Bar, Expert Marksmanship Qualification Badge with Rifle Bar (M-16), Driver and Mechanic Badge with "W" Bar, and Parachutist Badge as authorized awards.

11.  In support of his application, the applicant provides the following documents:

	a.  A DA Form 4980-18 (Army Achievement Medal Certificate), dated 8 June 1984, issued under the authority of the Commander, 1st Battalion (Airborne), 508th Infantry, 82nd Airborne Division, that shows the applicant was awarded the Army Achievement Medal for meritorious achievement during the period 2 March 1984 to 20 March 1984.

	b.  A DA Form 4980-18, dated 20 November 1984, issued under the authority of the Commander, 1st Battalion (Airborne), 508th Infantry, 82nd Airborne Division, that shows the applicant was awarded the Army Achievement Medal (1st Oak Leaf Cluster) for meritorious service during the period 24 March 1983 to 4 October 1984.

	c.  A DA Form 4980-18, dated 14 April 1989, issued under the authority of the Commander, 3rd Battalion (Mechanized), 6th Infantry, 5th Infantry Division, Fort Polk, Louisiana, that shows the applicant was awarded the Army Achievement Medal for meritorious achievement during the period 18 February 1989 to 13 March 1989.

	d.  A DA Form 4980-18, dated 2 November 1989, issued under the authority of the Commander, 5th Battalion (Mechanized), 8th Infantry, 8th Infantry Division (Mechanized), that shows the applicant was awarded the Army Achievement Medal for meritorious achievement while participating in Caravan Guard 1989 [during the period 12 February 1989 to 13 February 1989].

	e.  A DA Form 4980-18, dated 10 September 1990, issued under the authority of the Commander, 5th Battalion (Mechanized), 8th Infantry, 8th Infantry Division (Mechanized), that shows the applicant was awarded the Army Achievement Medal for meritorious service during the period 22 June 1989 to 11 September 1990.

	f.  A DA Form 4950 (Good Conduct Medal Certificate) issued under authority of Captain Eric L. W____, Commanding Officer, that shows the applicant was awarded the Army Good Conduct Medal for exemplary behavior, efficiency, and fidelity in active Federal military service from 2 November 1985 to 1 November 1988.

12.  A review of the applicant's military personnel records reveals that he may be authorized an additional award that is not shown on his DD Form 214.

13.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.  This Army regulation, in pertinent part, provides the following guidance.

	a.  The National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.

	b.  The Army Achievement Medal is awarded to any member of the Armed Forces of the United States who distinguished himself or herself by meritorious service or achievement on or after 1 August 1981.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  Army Regulation 600-8-22 also provides that an oak leaf cluster is awarded to denote each additional succeeding award of certain decorations, among which is the Army Achievement Medal.

	c.  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) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, that the source documents for entering information on the DD Form 214 will be the Personnel Qualification Record, Officer/Enlisted Record Brief, or any other document authorized for filing in the official military personnel file.

15.  Table 2-1 (DD Form 214 Preparation Instructions) of Army Regulation 635-5 contains item-by-item instructions for completing the DD Form 214.  The instructions for completing item 13 state that the awards entered will be for all periods of service and instructs the preparing official to check the Soldier's service records for the validity of awards.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his DD Form 214 should be corrected to show five awards of the Army Achievement Medal and two awards of the Army Good Conduct Medal because he received the awards, but they were not entered on his discharge document.

2.  The evidence of record shows that permanent orders awarded the applicant the Army Achievement Medal on four separate occasions, culminating with the Army Achievement Medal (3rd Oak Leaf Cluster).

	a.  The applicant provides copies of five Army Achievement Medal award certificates showing he received five awards of the Army Achievement Medal.

	b.  Most importantly, the Army Achievement Medal Certificate, dated 10 September 1990, shows the applicant's battalion commander awarded him the Army Achievement Medal for meritorious service during the period 22 June 1989 to 11 September 1990, which represents the period of the applicant's last duty assignment.

	c.  Thus, it is concluded that the evidence of record in this case supports the applicant's claim to five awards of the Army Achievement Medal.  Therefore, it would be appropriate to correct his DD Form 214 to show five awards of the Army Achievement Medal.

3.  The evidence of record shows that permanent orders awarded the applicant the first award of the Army Good Conduct Medal for the period 2 November 1982 to 1 November 1985.

	a.  The applicant provides a copy of an Army Good Conduct Medal award certificate showing he received the second award of the Army Good Conduct Medal for the period 2 November 1985 to 1 November 1988.  There is no evidence of record that shows the applicant was disqualified for his second award of the Army Good Conduct Medal for the period 2 November 1985 to 1 November 1988.

	b.  The Army Good Conduct Medal determination made based on the applicant's discharge shows he would not complete 3 years of active duty to qualify for the award on 12 September 1990.  Thus, it is reasonable to conclude that the applicant received his second award of the Army Good Conduct Medal on 1 November 1988 and the subsequent period from 2 November 1988 to 12 September 1990 did not total 3 years to qualify for a third award.

	c.  Thus, in view of all of the foregoing, the evidence of record shows the applicant served a qualifying period of active duty enlisted service for a second award of the Army Good Conduct Medal.  Therefore, it would be appropriate to correct his DD Form 214 to show two awards of the Army Good Conduct Medal.

4.  Records show the applicant served a qualifying period of honorable active service for award of the National Defense Service Medal.  Therefore, it would be appropriate to correct his DD Form 214 to show this service medal.

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:

   a.  deleting from item 13 of his DD Form 214 the Army Achievement Medal (2nd Oak Leaf Cluster) and Army Good Conduct Medal and

   b.  adding to item 13 of his DD Form 214 the Army Achievement Medal (4th Oak Leaf Cluster), Army Good Conduct Medal (2nd Award), and National Defense Service 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)                                         AR20090015394



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ABCMR Record of Proceedings (cont)                                         AR20090015394



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