BOARD DATE: 14 September 2010
DOCKET NUMBER: AR20100009027
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 the Army Good Conduct Medal.
2. The applicant states the first award of the Army Good Conduct Medal may be awarded for 1 year of service.
3. The applicant provides a copy of DD Form 214 and Permanent Orders 53-21, dated 13 June 1988.
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. On 27 June 1986, the applicant enlisted in the Regular Army. He completed his initial training and he was awarded military occupational specialty 76Y (Unit Supply Specialist). He was subsequently reassigned for duty with the 547th Engineer Battalion, located in the Federal Republic of Germany.
3. On 30 March 1988, the applicant was honorably released from active duty under the provisions of the 1988 Early Transition Program. He was transferred to the 376th Transportation Corps Company, Fort Rucker, AL. He had attained the rank/grade of specialist four (SP4)/E-4, and had completed 1 year. 9 months, and 4 days of creditable active service.
4. The applicant's records do not contain any record of disciplinary actions or a commander's disqualification for award of the Army Good Conduct Medal.
5. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 list his awards as the Army Service Ribbon, Overseas Service Ribbon, Army Lapel Button, and the Marksman Marksmanship Qualification Badge with Rifle Bar.
6. Permanent Orders 53-21, issued by Headquarters, 130th Engineer Brigade, dated 13 June 1988, awarded the applicant the Army Commendation Medal for meritorious service with the 547th Engineer Battalion during the period
11 November 1986 to 24 June 1988.
7. Army Regulation 600-8-22 (Military Awards) states 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. The applicant contends that his DD Form 214 should be corrected to show award of the Army Commendation Medal and the first award of the Army Good Conduct Medal.
2. Permanent orders show that the applicant was awarded the Army Commendation Medal for meritorious service during the time he was assigned to the 547th Engineer Battalion. Therefore, he is entitled to correction of his
DD Form 214 to show this award.
3. The applicants records clearly show that he distinguished himself in the performance of his military service as evidenced by his attaining the rank of SP4 and receiving a personal decoration for meritorious service. Furthermore, there is no evidence of any misconduct or disciplinary action or a commander's disqualification for award of the Army Good Conduct Medal. It is presumed that his not receiving an Army Good Conduct Medal for his service was an oversight. Accordingly, he is entitled to award of the Army Good Conduct Medal (First Award) and correction of his DD Form 214 to show this award.
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. awarding him the Army Good Conduct Medal (First Award) for the period 27 June 1986 through 30 March 1988 and
b. adding to item 13 of his DD Form 214 the Army Commendation Medal and the Army Good Conduct Medal (First Award).
__________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) AR20100009027
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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