IN THE CASE OF:	  

		BOARD DATE:	  15 February 2011

		DOCKET NUMBER:  AR20100020583 


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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show two awards of the Army Achievement Medal, Army Good Conduct Medal, and Expert Marksmanship Qualification Badge with M203 Grenade Launcher Bar.

2.  She states she was awarded the:

* first Army Achievement Medal in 1990 at Battery A, 2nd Battalion, 9th Field Artillery, in Schwabisch Gmund, Germany
* second Army Achievement Medal in 1992 at Company B, 56th Forward Support Battalion, 1st Cavalry Division, Fort Hood, TX

3.  She provides a copy of her 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.  She enlisted in the Regular Army on 29 August 1989 for a period of three years.  

3.  Her DA Form 2-1 (Personnel Qualification Record – Part II) shows:

* Item 5 (Oversea Service):  served in Germany from 23 January 1990 to 4 March 1991
* Item 9 (Awards, Decorations, and Campaigns):  was awarded one award of the Army Achievement Medal and the Sharpshooter Marksmanship Qualification Badge with Grenade Bar; no Army Good Conduct Medal
* Item 18 (Appointments and Reductions):  was promoted to specialist (SPC) on 1 October 1991
* Item 35 (Record of Assignments):  was assigned to Battery A, 2nd Battalion, 9th Field Artillery and 38th Signal Battalion in Germany and was assigned to Company B, 15th Support Battalion at Fort Hood, TX

4.  A review of her service record revealed: 

* award certificate, dated 25 January 1991, which shows she was awarded the Army Achievement Medal for meritorious service from 24 January 1990 to 7 January 1991 by Orders 83-04
* no recommendation or orders for a second award of the Army Achievement Medal
* no disciplinary actions or evidence which shows she was disqualified by her chain of command for the first award of the Army Good Conduct Medal
* no evidence which shows she qualified as expert with the M203 grenade launcher or awarded the Expert Marksmanship Qualification Badge with M203 Grenade Launcher Bar

5.  She was released from active duty on 28 August 1992 in the rank of SPC.  Her DD Form 214 shows she was awarded the:

* Army Commendation Medal
* National Defense Service Medal
* Army Service Ribbon
* Overseas Service Ribbon
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar and Grenade Bar
* Army Lapel Button
6.  References:

	a.  Army Regulation 600-8-22 (Military Awards) 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 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.

	b.  Army Regulation 600-8-22 states the Army Achievement Medal is awarded to members of the Armed Forces of the United States, who while serving in a noncombat area on or after 1 August 1981, distinguished themselves by meritorious service or achievement.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  An oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Army Achievement Medal.

	c.  Army Regulation 600-8-22 sets forth requirements for award of basic marksmanship qualification badges.  The qualification badge is awarded to indicate the degree – Expert, Sharpshooter, and Marksman -- in which an individual has qualified in a prescribed record course.  An appropriate bar is furnished to denote each weapon with which the individual has qualified.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows she was awarded the Army Achievement Medal for meritorious service from 24 January 1990 to 7 January 1991.  Although she contends she was awarded a second award of the Army Achievement Medal in 1992, no evidence is available and she has not provided any evidence, which shows she was recommended or awarded a second award of the Army Achievement Medal.  Therefore, her DD Form 214 should be amended to show only one award of the Army Achievement Medal.  

2.  Her service record is void of evidence which shows she was disqualified from receiving the first award of the Army Good Conduct Medal for the period 29 August 1989 through 28 August 1992.  She did not receive any disciplinary actions and was promoted to SPC during this period of service.  Therefore, she has met the requirements for the first award of the Army Good Conduct Medal for the period 29 August 1989 through 28 August 1992.

3.  Her service record is void of orders which show she was awarded an expert marksmanship badge for qualification with the M203 grenade launcher.  No evidence is available which shows she qualified with the M203 grenade launcher.  Therefore, there is no basis for amending her DD Form 214 to show the Expert Marksmanship Qualification Badge with M203 Grenade Launcher Bar.

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 her the Army Good Conduct Medal (1st Award) for the period 29 August 1989 through 28 August 1992; and 
   
   b.  amending her DD Form 214 by adding the Army Achievement Medal and Army Good Conduct Medal (1st Award).  

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 a second award of the Army Achievement Medal and the Expert Marksmanship Qualification Badge with M203 Grenade Launcher Bar.  




      __________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)                                         AR20100020583





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ABCMR Record of Proceedings (cont)                                         AR20100020583



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