BOARD DATE:	18 January 2011  

		DOCKET NUMBER:  AR20100017784 


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 he received an official commendation and award of the Army Commendation Medal.

2.  The applicant states he received an official commendation and associated certificate from Lieutenant General (LTG) W.G. D-----, on 12 February 1974; however, the award is not shown on his separation document and it may not be filed in his military personnel records.

3.  The applicant provides a copy of the official commendation, certificate, and his DD Form 214.

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 Regular Army on 21 October 1971 for a period of 3 years.  Upon completion of training he was awarded military occupational specialty (MOS) 92B (Medical Laboratory Specialist).

3.  A Department of the Army Certificate and a DA Form 2441 (Suggestion Award Certificate), both dated 12 February 1974, show that LTG D----- Commanding General, U.S. Army Japan, officially commended the applicant and granted him an award of $755.00 for an adopted suggestion which resulted in an improved procedure in urine drug screening for amphetamines and barbiturates that resulted in an estimated annual savings of $18,168.80.  Both of these documents are filed in the applicant's Official Military Personnel File.

4.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in:

   a.  item 31 (Foreign Service) he served in the U.S. Army Pacific - Japan from
4 October 1972 through 14 October 1974;

   b.  item 33 (Appointments and Reductions) he was advanced to specialist four (SP4)/E-4 on 28 April 1972;

   c.  item 38 (Record of Assignments) that he received "excellent" conduct and efficiency ratings throughout his period of active service, except for the period
10 - 20 January 1972 when he received ratings of "unknown" while a student at advanced individual training [during the period October 1972 through October 1974, conduct and efficiency ratings were no longer entered in item 38]; and

	d.  item 41 (Awards and Decorations) the National Defense Service Medal and Expert Marksmanship Qualification Badge with Rifle Bar.

5.  The applicant's DD Form 214 shows he entered active duty on 21 October 1971, he was honorably released from active duty on 15 October 1974, and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his Reserve obligation.  At the time he had completed 2 years, 11 months, and 25 days of net active service this period and 2 years and 11 days of foreign service.  It also shows in:

   a.  item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the National Defense Service Medal and Expert Marksmanship Qualification Badge with Rifle Bar; and

   b.  item 21 (Time Lost) the entry "None."


6.  A review of the applicant's military personnel records reveals he may be authorized additional awards that are not shown on his DD Form 214.

7.  Headquarters, U.S. Army Training Center, Infantry, Fort Dix, NJ, Special Orders Number 363, dated 29 December 1971, awarded the applicant the Expert Marksmanship Qualification Badge with (M-16) Rifle and Grenade Bars.

8.  There are no orders in the applicant's military personnel records that show he was awarded the first award of the Army Good Conduct Medal.  There is also no adverse information in the applicant's military personnel records and no evidence of a commander's disqualification for this award.

9.  A DA Form 2166-4 (Enlisted Efficient Report) covering the period October 1972 through August 1973 shows the applicant's personal and professional characteristics were rated as either "above average" or "excellent."
In addition, the rater assessed his advancement potential as "promote [applicant] with contemporaries."

10.  A DA Form 2166-4 covering the period September 1973 through October 1974 shows the applicant's personal and professional characteristics were all rated as "outstanding."  In addition, the rater assessed his advancement potential as "promote [applicant] ahead of contemporaries."

11.  A DA Form 61 (Application for Appointment), dated 30 May 1974, with three command endorsements, shows the applicant was recommended for appointment as a warrant officer in MOS 951A (Criminal Investigator with specialization in forensic chemistry).  On 20 August 1975, the application was returned without action because the applicant had separated from active duty.

12.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.  It shows the Army Commendation Medal may be awarded to any individual commended after 6 December 1941 and before 1 January 1946 in a letter, certificate, or order of commendation, as distinguished from a letter of appreciation, signed by an officer in the grade or position of a major general or higher.

13.  Army Regulation 672-5-1 (Military Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after
27 June 1950 of less than 3 years but more than 1 year.  The enlisted person 


must have had all "excellent" conduct and efficiency ratings.  Ratings of "unknown" for portions of the period under consideration were not disqualifying.  Service school efficiency ratings based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 were not disqualifying.  There must have been no convictions by a court-martial.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.

14.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time of the applicant's separation from active duty, prescribed policies and procedures regarding separation documents.  It also established standardized policy for preparing and distributing the DD Form 214.

   a.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states that the source documents for entering information on the DD Form 214 will be the Enlisted Qualification Record, Officer Qualification Record, Personnel Qualification Record, Officer Record Brief, enlistment/reenlistment documents, personnel finance records, discharge documents, separation orders, Military Personnel Records Jacket, or any other document authorized for filing in the Official Military Personnel File.

	b.  Section II (Preparation of DD Form 214) contains item-by-item instructions for completing the DD Form 214.  The instructions for item 26 state this item covers awards and decorations awarded during the Soldier’s entire Army service.  Army Regulation 635-5, in pertinent part, states to list awards and decorations for all periods of service in the priority sequence specified in Army Regulation
600-8-22.  This regulation gives the order of precedence for awards and decorations.  Only decorations, medals, and ribbons are listed.  Certificates and letters of commendation or appreciation, and similar documents are not listed.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the Department of the Army Certificate and
DA Form 2441 are properly filed in the applicant's Official Military Personnel File.

   a.  The evidence of record shows the Army Commendation Medal may be awarded to an individual commended after 6 December 1941 and before
1 January 1946 in a letter, certificate, or order of commendation, as distinguished from a letter of appreciation, signed by an officer in the grade or position of a major general or higher.

   b.  The two certificates under review were issued on 12 February 1974.  Therefore, the applicant is not entitled to award of the Army Commendation Medal in this case.

   c.  The evidence of record shows there are no provisions for entering certificates of commendation or appreciation in item 26 of the DD Form 214.  Therefore, the applicant is not entitled to correction of his DD Form 214 in this instance.

2.  Records show the applicant served a qualifying period of active duty enlisted service for the first award of the Army Good Conduct Medal from 21 October 1971 through 15 October 1974.
 
* He was advanced to SP4/E-4 with just over six months of active duty service
* he received "excellent" conduct and efficiency ratings [ratings of "unknown" during the period under consideration are not disqualifying]
* He received favorable personal and professional characteristic ratings on his enlisted evaluation reports and he was recommended for promotion
* He was recommended for appointment as a warrant officer by his chain of command
* There is no evidence of any disqualifying information or a commander's disqualification in his military personnel records

3.  Based on the available evidence, it would be appropriate to award the applicant the first award of the Army Good Conduct Medal and to correct his DD Form214 5 to show this award.

4.  Special orders awarded the applicant the Expert Marksmanship Qualification Badge with Grenade Bar.  Therefore, it would be appropriate to correct his
DD Form 214 to show this qualification badge.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__x_____  __x_____  _____x__  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was 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:

   a.  awarding him the Army Good Conduct Medal (first award) for the period
21 October 1971 through 15 October 1974, and

	b.  adding to item 26 of his DD Form 214 the Army Good Conduct Medal
(first award) and the Expert Marksmanship Qualification Badge with Grenade Bar.

2.  The Board further determined that 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 award of the Army Commendation Medal and entering the certificates on his DD Form 214.



      __________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)                                         AR20100017784



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ABCMR Record of Proceedings (cont)                                         AR20100017784



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