IN THE CASE OF:	  

		BOARD DATE:	  1 February 2011

		DOCKET NUMBER:  AR20100018311 


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 DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period 1 August 1978 through 31 July 1981 be corrected by adding all awards he earned during the period.

2.  The applicant states all awards earned during the period covered by the DD Form 214, including the Overseas Service Ribbon (OSR), Army Good Conduct Medal (AGCM), and "Honorable Discharge Medal," should appear on the DD Form 214.

3.  The applicant provides his 31 July 1981 DD Form 214 and a National Guard Bureau Form 22 (Report of Separation and Record of Service) covering his service in the Army National Guard from 1 September 1981 through 22 February 1999.

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 record shows he enlisted in the U.S. Army Reserve Delayed Entry Program for 6 years on 7 April 1978 and in the Regular Army for 3 years on 1 August 1978.  He was trained in and awarded military occupational specialty 12C (Bridge Crewman).

3.  On 31 December 1979, the applicant was promoted to specialist four/E-4 which is the highest rank he attained during the period of active duty in question.

4.  The applicant's DA Form 2-1 (Personnel Qualification Record) for the period of active duty service in question shows he served in Germany from 1 September 1978 through 30 June 1981.  Item 9 (Awards, Decorations, and Campaigns) shows he earned the Marksman Marksmanship Qualification Badge with Rifle and Hand Grenade Bars during this period of service.

5.  The applicant's record is void any documents indicating he ever received any of the awards in question during his active duty service.  It is also void of any derogatory information or a unit commander's disqualification that would have precluded his receipt of the AGCM.

6.  On 31 July 1981, the applicant was honorably released from active duty and transferred to the U.S. Army Reserve to complete his 6-year military service obligation.  The DD Form 214 he was issued shows he completed 3 years of active military service and item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) shows he earned the Marksman Marksmanship Qualification Badge with Rifle and Hand Grenade Bars.

7.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  Chapter 4 contains guidance on the AGCM and states it 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 AGCM, disqualification must be justified.

8.  Paragraph 5-3 of Army Regulation 600-8-22 contains guidance on the OSR.  It 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 U.S. Army Reserve in an active Reserve status are eligible for the OSR for successful completion of overseas tours.

9.  Army Regulation 600-8-22 is void of any medal identified as the "Honorable Discharge Medal."  It does authorize issuance of the Army Lapel Button, which is a gratuitous item issued to Soldiers transitioning with an honorable characterization of service (those being transferred to another component for completion of a military service obligation and those receiving an Honorable Discharge Certificate) for active duty service on or after 1 April 1984 and for service in the Ready Reserve on or after 1 July 1986.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request that the AGCM, OSR, "Honorable Discharge Medal," and all other awards for which he qualifies be added to his 31 July 1981 DD Form 214 was carefully considered and was found to have partial merit.

2.  By regulation, the AGCM is authorized for 3 years of honorable active duty service.  While award is not automatic, disqualification must be justified.  The evidence of record is void of derogatory information or a unit commander's disqualification that would have precluded award of the AGCM.  Therefore, absent evidence of a disqualification, it would be appropriate to award the applicant the AGCM for his qualifying honorable active duty service from 1 August 1978 through 31 July 1981.  It would also be appropriate to add this award to his 31 July 1981 DD Form 214.

3.  The effective date of the OSR was 1 August 1981.  The evidence of record confirms the applicant was released from active duty on 31 July 1981 prior to the effective date for the award.  Further, there is no "Honorable Discharge Medal" in the Army's inventory of authorized awards and the Army Lapel Button issued for honorable active service was effective on 1 April 1984, also after the applicant was released from active duty on 31 July 1981.  Therefore, there is no basis to support granting this portion of the requested relief.

4.  Finally, there is no evidence the applicant received any other awards or decorations during his period of active duty service or that additional awards were omitted from his 31 July 1981 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 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 awarding him the AGCM for his qualifying period of honorable active duty service from 1 August 1978 through 31 July 1981 and adding this award to item 13 of his 31 July 1981 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 adding the OSR, "Honorable Discharge Medal," or any other awards to his 31 July 1981 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)                                         AR20100018311



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ABCMR Record of Proceedings (cont)                                         AR20100018311



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