BOARD DATE:	  8 July 2010

		DOCKET NUMBER:  AR20100000650 


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 (Report of Separation from Active Duty) to show award of the Army Good Conduct Medal, Army Commendation Medal, and that he completed high school.

2.  The applicant states he received the Army Good Conduct Medal and an Army Commendation Medal.  He further states that he completed high school while in the service and wants this reflected on his DD Form 214.

3.  The applicant provides a letter stating he completed a full credit of algebra.

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 military records show that he enlisted in the Regular Army on 26 November 1975.  He completed initial entry training, was awarded the military occupational specialty of track vehicle mechanic, and was promoted to pay grade E-4.

3.  The applicant's records are void of any orders or other documents that indicate he was ever recommended for or awarded the Army Good Conduct Medal or Army Commendation Medal by proper authority.

4.  Records show the applicant accepted nonjudicial punishment under the provisions of Article 15 of the Uniform Code of Military Justice on 8 February 1978 for wrongfully possessing marijuana.

5.  The applicant's DA Form 2-1 (Personnel Qualification Record) shows he was awarded the mechanic badge and qualified as marksman with the M-16 rifle.  There are no other awards, decorations, and campaign entries on this form.

6.  The applicant's DA Form 2-1 shows he did not complete high school.

7.  The applicant was honorably released from active duty on 24 November 1978 and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining Reserve obligation.  He completed 2 years, 11 months, and 29 days of creditable active service.

8.  The applicant's DD Form 214, item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized), shows award of the Marksman Marksmanship Qualification Badge with Rifle Bar and the Mechanic Badge.

9.  The applicant's DD Form 214, item 20 (Highest Education Level Successfully Completed (in years)), shows 11 years of secondary/high school.

10.  The applicant provided a letter from the U.S. Army Education Center, Big Bend Community College, European Division, which states he completed a full credit of introductory algebra during the term ending in December 1977.

11.  The Army Good Conduct Medal is awarded for exemplary behavior, efficiency, and fidelity in active military service.  Army Regulation 672-5-1 (Military Awards), in effect at the time, stated that it was awarded on a selective basis to each Soldier who distinguished himself from among his fellow Soldiers by his exemplary conduct, efficiency, and fidelity throughout a specified period of continuous enlisted active Federal military service.  An award made for any authorized period of less than 3 years must have been for the total period of obligated Federal military service.

12.  Army Regulation 600-8-22 (Military Awards) provides that the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement, or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

DISCUSSION AND CONCLUSIONS:

1.  While the applicant asserts he received an Army Good Conduct Medal and an Army Commendation Medal, there are no orders or other available evidence indicating he was awarded these medals.

	a.  The applicant completed a qualifying period of Federal military service for consideration of the Army Good Conduct Medal.  However, he accepted nonjudicial punishment for possession of marijuana and his records fail to show he distinguished himself by the conduct, efficiency, and fidelity required for award of this medal.  Therefore, he is not entitled to correction of his DD Form 214 to show this medal.

	b.  There are no orders or other evidence that the applicant was authorized or awarded the Army Commendation Medal.  Therefore, he is not entitled to correction of his DD Form 214 to show this medal.

2.  Notwithstanding the letter provided by the applicant, there is no available evidence and the applicant has provided none to show he completed high school prior to his release from the service.  As such, it is presumed that item 20 of his DD Form 214 is correct as constituted.

3.  In view of the foregoing, there is no basis for granting the applicant's request.



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____x____  ____x____  ___x__  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      ____________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)                                         AR20100000650



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)