IN THE CASE OF:	  

		BOARD DATE:	    1 February 2011

		DOCKET NUMBER:  AR20100018205 


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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 14 July 1983 to show:

* his retirement date as 14 July 1984
* he was awarded six Army Good Conduct Medals
* a combined total of 20 years of active service in the Army and Navy

2.  The applicant states he did not have a break in service from 1 April 1968 through 14 July 1984 when he was retired.  He received a 6th Army Good Conduct Medal on 14 September 1983.

3.  The applicant provides no supporting documentation.

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 record contains no documentation and the applicant did not provide evidence of any service in the Navy.

3.  The applicant enlisted in the Regular Army (RA) on 26 October 1964 at the age of 17 for a period of 3 years.  He was honorably released from active duty on 20 October 1967 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.  He again enlisted in the RA on 20 October 1969 and served continuously on active duty.

4.  On 14 June 1983, a Physical Evaluation Board (PEB) found the applicant unfit for duty and afforded him a combined 40 percent (%) disability rating percentage for paranoid schizophrenia and hypertension.

5.  The applicant was subsequently retired from active duty on 14 July 1983 by reason of temporary physical disability and he was placed on the Temporary Disability Retired List (TDRL).

6.  The record contains DD Forms 4 (Enlistment/Reenlistment Contract - Armed Forces of the United States) for the applicant's reenlistments on:

* 15 September 1970, showing 3 years, 11 months, and 29 days of prior active Federal service and 1 year, 11 months, and 29 days of inactive Federal service
* 22 June 1976, showing 9 years, 7 months, and 27 days of prior Federal active service and 1 year, 11 months, and 29 days of prior inactive Federal service
* 30 November 1978, showing 12 years, 6 month, and 4 days of prior active duty and 1 year, 11 months, and 29 days of prior inactive service

7.  U.S. Army Military Personnel Center, Alexandria, VA, Orders D65-7, dated 10 April 1985 removed the applicant from the TDRL effective 24 April 1985 and permanently retired him with a 40% percent disability rating percentage.

8.  The record contains DD Forms 214 that show the following periods of service:

* 26 October 1964 - 20 October 1967:  2 years, 11 months 25 days active service with no other service
* 20 - 30 October 1969:  11 days active service with 4 years, 11 months, and 25 days of other service 
* 31 October 1969 - 14 September 1970:  10 months and 14 days active service with 5 years and 5 days other service 
* 15 September 1970 - 21 June 1976:  5 years, 9 months, and 7 days active service with 3 years, 10 months, and 20 days prior active service and 1 year, 11 months and 29 days prior inactive service
* 22 June 1976 - 28 November 1978:  2 years, 5 months, and 8 days active service with 9 years, 8 months, and 26 days prior active service and 1 year, 11 months and 29 days prior inactive service
* 30 November 1978 - 14 July 1983:  4 years, 7 months, and 15 days active service with 12 years, 1 month, and 5 days prior active service and 5 months and 11 days prior inactive service

9.  An unauthenticated USAEREC Form 3 (Statement of Service - Enlisted Personnel), dated 24 June 1983, shows the applicant's periods of service as:

Component
From
To
Active Federal Service
(Yr  Mo  Day)
Inactive Service
(Yr  Mo  Day)
RA
26 Oct 64
20 Oct 67
02  11  25

USAR
21 Oct 67
19 Oct 69

1  11  29
RA
20 Oct 69
30 Oct 69
00  00  11

RA
31 Oct 69
14 Sep 70
00  10  14

RA
15 Sep 70
21 Jun 76
05  09  07

RA
22 Jun 76
29 Nov 78
02  05  08

RA
30 Nov 78
14 Jul 83
04  07  15

Total Federal service creditable
	for retirement										16  08  20
Other qualifying service for pay only				01  11  29
Total service for basic pay							18  08  19

10.  The applicant's final DD Form 214 for the period ending 14 July 1983 provides the following information:

* entered active duty this period on 30 November 1978
* retired by reason of physical disability, temporary on 14 July 1983
* net active service this period for 4 years, 7 months, and 15 days 
* total prior active service of 12 years, 1 month, and 5 days
* prior inactive service of 5 months and 11 days
* award of the Army Commendation Medal, Army Good Conduct Medal
(5th award), National Defense Service Medal, Vietnam Service Medal, 

Republic of Vietnam Campaign Medal with Device (1960), Republic of Vietnam Gallantry Cross with Palm Unit Citation, Army Service Ribbon, Overseas Service Ribbon (3rd award), Noncommissioned Officers Professional Development Ribbon (2nd award),Overseas Service Bar
(4th award), and the Sharpshooter Marksman Marksmanship Qualification Badge with Rifle Bar

11.  The available DA Form 2-1 provides the following information:

* a basic enlisted service date of 26 October 1964
* a date of rank as a private first class (PFC)/E-3 of 27 May 1966 
* the earliest recorded duty assignment entry of 11 March 1974
* no breaks in service from 11 March 1974 through 14 July 1983
* three tours in Vietnam with service during 6 campaigns
* his authorized awards as the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Republic of Vietnam Gallantry Cross with Palm Unit Citation, Overseas Service Bar (4th award), Army Commendation Medal, Army Good Conduct Medal (1st - 5th award), Army Service Ribbon, Overseas Service Ribbon (3rd award), Noncommissioned Officers Professional Development Ribbon (2nd award), and the Marksman Marksmanship Qualification Badge with Rifle Bar
* the Army Good Conduct Medal was awarded on the following dates:  
25 October 1967, 14 September 1973, 14 September 1978, 14 September 1979 (4th award is lined through), and 12 September 1982

12.  The record does not contain copies of any orders for any of the applicant's Army Good Conduct Medals.

13.  Army Regulation 600-8-22 (Military Awards), chapter 4 provides that 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, except for the first award, is 3 years.

14.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It establishes standardized policy for preparing and distributing the DD Form 214.  It states item 12b (Separation Date) is the date a Soldier is released or discharged from active duty.

DISCUSSION AND CONCLUSIONS:

1.  The required period of active duty service for award a second or subsequent Army Good Conduct Medal is 3 years.  The record shows the applicant was awarded the Army Good Conduct Medal on 25 October 1967, 14 September 1973, 14 September 1978, 14 September 1979 (the entry for the 4th award is lined through), and 12 September 1982.  

2.  The lining out of the 14 September 1979 Army Good Conduct Medal
(4th award) indicates it was deleted as an improper entry.  With a 14 September 1978 award, he would not have been eligible for a fourth award until at earliest 13 September 1981.  He was not awarded his next Army Good Conduct Medal, which should have been recorded as the 4th award, until 12 September 1982.  He would not have been eligible for the next Army Good Conduct Medal until
11 September 1985 at which point he was already retired.  Therefore, he is not entitled to any additional awards of the Army Good Conduct Medal.

3.  The applicant's date of retirement on his final DD Form 214 is correct as he was placed on the TDRL effective 15 July 1983.  Further, he was removed from the TDRL and permanently retired on 24 April 1985.  There is no evidence of any action showing the applicant was retired on 14 July 1984.

4.  The applicant's service spanned the period from 26 October 1964 to 14 July 1983 for a total of 18 years, 8 months, and 19 days for pay purposes.  This includes a period of 1 year, 11 months, and 29 days of inactive duty.  His active Federal service ended on 14 July 1983, the effective the date he was placed on the TDRL.  At this point he is shown to have only completed 16 years, 8 months, and 20 days of total active Federal service.

5.  Time on the TDRL and inactive service are not active duty time that would be included in a 20-year active Federal service calculation.  

6.  The record contains no documentation and the applicant did not provide any evidence to show he served in the Navy.  Therefore, there is no evidence to show an error in his awards or retirement dates and no relief is warranted.
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)                                         AR20100018205



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ABCMR Record of Proceedings (cont)                                         AR20100018205



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