IN THE CASE OF:	  

		BOARD DATE:	  11 January 2011

		DOCKET NUMBER:  AR20100013595 


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 his records be corrected to show he completed airborne and ranger training.  In addition, he requests any applicable medals or awards he is authorized for the period.

2.  The applicant states that while he was deployed to Panama as part of a peacekeeping force he completed airborne and ranger training.

3.  The applicant provides no additional evidence.

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 records contain a DA Form 2-1 (Personnel Qualification Record – Part II).

	a.  Item 4 (Assignment Considerations) shows he was permanently disqualified from airborne training for lack of motivation.

	b.  Item 5 (Oversea Service) shows he was assigned to Panama from 17 July 1979 to 11 July 1980.  Headquarters, U.S. Army Infantry Center, Orders 54-85, dated 23 February 1979, confirm this permanent change of station.

3.  There is no evidence to show he completed ranger training or was deployed to Panama as part of a peacekeeping force.

4.  The record contains a carbon copy of an incomplete and unsigned memorandum, dated 2 July 1980, which shows he was awarded the Army Good Conduct Medal for the period 13 July 1977 to 12 July 1980.

5.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows "NONE."  He was honorably released from active duty on 10 July 1980 and transferred the U.S. Army Reserve Control Group.

6.  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.

7.  Army Regulation 600-8-22 states that in instances of disqualification as determined by the unit commander, the commander will prepare a statement of the rationale for his or her decision.  This statement will include the period of disqualification and will be referred to the individual concerned for response.  The unit commander will consider the individual's statement.  If the commander's decision remains the same, the commander will forward his or her statement, the individual's statement, and his or her consideration for permanent filing in the individual's official military personnel file.  The immediate commander's decision to award the Army Good Conduct Medal will be based on his or her personal knowledge and of the individual's official records for the periods of service under previous commanders during the period for which the award is to be made.  However, there is no right or entitlement to the medal until the immediate commander has approved the award and the award has been announced in permanent orders.



DISCUSSION AND CONCLUSIONS:

1.  The applicant requests his records be corrected to show he completed airborne and ranger training.  In addition, he requests any applicable medals or awards he is authorized for the period.

2.  He contends he completed airborne and ranger training while deployed in Panama as a peacekeeping force.  However, the evidence of record shows the applicant was assigned to Panama.  Further, the evidence of record shows he withdrew from airborne training and was permanently disqualified from further training.  There is no record showing he was enrolled in or ever completed ranger training.  Therefore, his record should not be corrected to show completion of either course.

3.  The record contains an unsigned Army Good Conduct Medal memorandum for the period 13 July 1977 to 12 July 1980 (1st Award) which coincides with his release from active duty.  The available record does not contain a statement of disqualification from the commander and there is no record of nonjudicial punishment or courts-martial which would prevent him from receiving the award.  The omission of this award from his record is most likely an administrative error.  Therefore, he should be awarded the Army Good Conduct Medal (1st Award) and it should be added to his DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ____X___  ___X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding him the Army Good Conduct Medal (1st Award) for the period 13 July 1977 to 10 July 1980 and adding it to his DD Form 214.

2.  The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to correcting his DD Form 214 to show the completion of airborne and ranger training.



      ____________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)                                         AR20100013595



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ABCMR Record of Proceedings (cont)                                         AR20100013595



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