IN THE CASE OF:	  

		BOARD DATE:	  3 February 2011

		DOCKET NUMBER:  AR20100018587 


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 (Certificate of Release or Discharge from Active Duty) to show two awards of the Army Achievement Medal (AAM) and award of the Army Good Conduct Medal.  He also requests correction of item 8a (Last Duty Assignment and Major Command) of his
DD Form 214 to show the entry "Company B, 319th Military Intelligence (MI) Battalion, 525th MI Brigade, FORSCOM [Forces Command]. 

2.  The applicant states he received two awards of the AAM, he qualifies for the Army Good Conduct Medal, and he served his entire active duty service with Company B, 319th MI Battalion, 525th MI Brigade following initial training.

3.  The applicant provides his DD Form 214 and two DA Forms 638-1 (Recommendation for Award (For Other Than Valor) of AAM, Army Commendation Medal (ARCOM), and Meritorious Service Medal (MSM)) with accompanying certificates.

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 6 July 1990.  At the time of his separation, he held military occupational specialty 31C (single channel radio operator).  The highest rank/grade he attained was specialist (SPC)/E-4.

3.  He was honorably released from active duty on 8 December 1992 after completing 2 years, 6 months, and 3 days of total active service.

4.  Item 8a of his DD Form 214 shows the entry "HHC 327th Sig Bn, FORSCOM" indicating he was assigned to Headquarters and Headquarters Company, 327th Signal Battalion, FORSCOM at the time of his release from active duty.

5.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* Army Service Ribbon
* Army Lapel Button
* National Defense Service Medal
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Parachutist Badge
* Air Assault Badge

6.  The two DA Forms 638-1 he provided show the recommendation for award of an AAM was approved.  The two AAM certificates he provided contain permanent orders numbers awarding the medals, which correspond with permanent orders numbers on the respective DA Form 638-1.  The DA Forms 638-1 also show the recommendation for award was sent from Company B, 319th MI Battalion to the Commander, 525th MI Brigade for approval.

7.  His DA Form 2-1 (Personnel Qualification Record) does not show he was assigned to HHC, 327th Signal Battalion at any time during his active service.  However, it does show he was assigned to Company B, 319th MI Battalion from 21 January 1991 to the time he was released from active duty.


8.  His records are void of any orders or other documents that indicate he was ever recommended for or awarded the Army Good Conduct Medal by proper authority.  There are also no adverse actions recorded in the available records or a commander's disqualification for the Army Good Conduct Medal.

9.  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.

10.  Army Regulation 600-8-22 states that an oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Army Achievement Medal.

11.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It provides a brief, clear-cut record of active service at the time of release from active duty, retirement or discharge.  The regulation, in effect at the time, prescribed entry in item 8a, of the last unit of assignment and major command.

DISCUSSION AND CONCLUSIONS:

1.  Permanent orders awarded the applicant two awards of the AAM.  Therefore, he is entitled to correction of his DD Form 214 to show the Army Achievement Medal with 1st oak leaf cluster.

2.  There is no order or other available evidence to show he was awarded the Army Good Conduct Medal.  Based on the absence of any disqualification for award of the Army Good Conduct Medal, it can be presumed he was eligible for the first award based on completion of qualifying service ending with the termination of a period of Federal military service.  As such, it would be appropriate to award him the first award of the Army Good Conduct Medal for the period 6 July 1990 through 8 December 1992 and to correct his DD Form 214 to show this award.


3.  His DA Form 2-1 and other available evidence indicate his last unit of assignment and major command was Company B, 319th MI Battalion, 525th MI Brigade, FORSCOM.  As such, it would be appropriate to correct item 8a of his DD Form 214 to show Company B, 319th MI Battalion, 525th MI Brigade, FORSCOM.

4.  In view of the foregoing, the applicant is entitled to have his records corrected as shown below. 

BOARD VOTE:

____X___  ____X___  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends all Department of the Army records of the individual concerned be corrected by:

	a.  deleting from item 8a of his DD Form 214 the entry "HHC, 327th Sign Bn, FORSCOM" and replacing it with the entry "Company B, 319th MI Battalion, 525th MI Brigade, FORSCOM";

	b.  awarding him the Army Good Conduct Medal (first award) for the period
6 July 1990 through 8 December 1992; and

	c.  adding to item 13 of his DD Form 214 the Army Achievement Medal with 1st oak leaf cluster and the Army Good Conduct Medal (first award).



      ____________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)                                         AR20100018587



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100018587



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1