IN THE CASE OF:
BOARD DATE: 12 August 2010
DOCKET NUMBER: AR20100009318
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 the Army Service Ribbon, the National Defense Service Medal, and Army Good Conduct Medal.
2. The applicant states that according to guidelines he should have received these awards.
3. The applicant provides a copy of his DD Form 214 and printouts of the description and criteria of each of the above awards 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 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 applicant enlisted in the Regular Army on 28 August 1974. He completed his initial entry training and was awarded military occupational specialty 36K (Field Wireman).
3. On 29 October 1976, he accepted nonjudicial punishment for being drunk and disorderly.
4. He was released from active duty on 26 August 1977 after completing
2 years, 11 months, and 29 days of active duty service.
5. The applicant's DD Form 214, Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) does not show any awards.
6. The applicant's Official Military Personnel File (OMPF) contains a DA Form 2496 (Disposition Form), subject: Good Conduct Medal Recommendation that shows on 22 July 1977 his commander recommended that he be disapproved for award of the Good Conduct Medal.
7. Army Regulation 600-8-22 (Military Awards) states:
a. the Army Service Ribbon was established by the Secretary of the Army on 10 April 1981. Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award upon successful completion of initial entry training. The award may be awarded retroactively to those personnel who completed the required training before 1 August 1981 provided they had an Active Army status on or after
1 August 1981.
b. the National Defense Service Medal is awarded for honorable active duty 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. Second and subsequent awards of the National Defense Service Medal are denoted by a bronze service star affixed to the National Defense Service 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that he is entitled to award of the Army Service Ribbon, National Defense Service Medal, and Army Good Conduct Medal.
2. The applicant was not in an active duty status on or after 1 August 1981. Therefore, he is not entitled to the Army Service Ribbon.
3. He served on active duty from 28 August 1974 through 26 August 1977. Therefore, he did not serve during a qualifying period of active service for award of the National Defense Service Medal.
4. The available evidence shows the applicant's commander recommended disapproval of the Army Good Conduct Medal. Therefore his DD Form 214 should not be corrected to show this medal.
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) AR20100009318
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ABCMR Record of Proceedings (cont) AR20100009318
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