BOARD DATE: 10 May 2011
DOCKET NUMBER: AR20100025150
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 award of the Army Good Conduct Medal (AGCM) (3rd Award) and the National Defense Service Medal (NDSM).
2. He states he was on terminal leave during the period in which he should have received the AGCM and the NDSM.
3. He provides a copy of his DD Form 214 and an internet article on the authorization of the NDSM.
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 applicants 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 applicants 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 (RA) on 22 September 1981. He was honorably discharged on 19 November 1990 under the provisions of Army Regulation 635-200, paragraph 16-8, for the convenience of the Government under the 1990 Early Transition Program. He was credited with 9 years,
1 month, and 28 days of creditable active service.
3. Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:
* Army Service Ribbon
* Overseas Service Ribbon
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Parachutist Badge
* Senior Parachutist Badge
* Canadian Army Parachutist Badge
* Expert Infantryman Badge
* Army Good Conduct Medal (2nd Award)
* Noncommissioned Officer Professional Development Ribbon with
Numeral 2
* Army Achievement Medal (1st Oak Leaf Cluster)
* Army Lapel Button
* Army Commendation Medal
4. Headquarters, United States Army Missile Command, Redstone Arsenal, AL., Permanent Orders 133-5, dated 23 September 1987, awarded him the AGCM (2nd Award) for the period 22 September 1984 to 21 September 1987.
5. There is no derogatory information contained in his military personnel file. There is also no memorandum disqualifying him for the award of the AGCM.
6. Army Regulation 600-8-22 (Military Awards) provides guidelines for the award of the AGCM. The regulation states that the AGCM is awarded on a selective basis to each Soldier who distinguishes himself or herself from among his or her fellow Soldiers by their exemplary conduct, efficiency, and fidelity throughout a specified period of continuous enlisted active Federal military service. There is no right or entitlement to the medal until the immediate commander has approved the award and the award has been announced in permanent orders.
7. Army Regulation 600-8-22 provides that the NDSM is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954,
1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995, and 11 September 2001 to a date to be determined.
DISCUSSION AND CONCLUSIONS:
1. Permanent orders show the ending period of his last AGCM was
21 September 1987. The applicant's military personnel file does not contain any derogatory information or a commander's disqualification for award of the AGCM for the period 22 September 1987 to 21 September 1990. Evidence of record shows he was honorably discharged under the 1990 Early Transition Program. Therefore, he is entitled to the AGCM (3rd Award) for the period 22 September 1987 to 21 September 1990 and correction of his DD Form 214 to show this award.
2. He honorably served during a qualifying period for the NDSM. Therefore, his DD Form 214 should be corrected to show this service medal.
BOARD VOTE:
___x___ ___x_____ ___x_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
a. deleting from item 13 of his DD Form 214 the Army Good Conduct Medal (2nd Award);
b. awarding him the Army Good Conduct Medal (3rd Award) for the period
22 September 1987 to 21 September 1990; and
c. adding to item 13 of his DD Form 214 the Army Good Conduct Medal
(3rd Award) and the National Defense Service Medal.
__________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) AR20100025150
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ABCMR Record of Proceedings (cont) AR20100025150
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