IN THE CASE OF:
BOARD DATE: 14 June 2011
DOCKET NUMBER: AR20100028619
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.
2. The applicant states the Army Good Conduct Medal was never put on his
DD Form 214.
3. The applicant indicates he was submitting a copy of his DD Form 214; however, it was not received with his application.
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. On 20 November 1984, the applicant enlisted in the Regular Army. He completed his initial training and he was awarded military occupational specialty 11H (Heavy Antiarmor Weapons Infantryman).
3. On 14 March 1985, the applicant was assigned to 1st Battalion, 10th Infantry Regiment, located at Fort Carson, CO.
4. On 3 July 1985, the applicant accepted nonjudicial punishment (NJP) under the provisions of Article 15, Uniform Code of Military Justice (UCMJ) for being absent without leave (AWOL) from 17 to 25 June 1985.
5. On 27 May 1986, the applicant received a General Officer Letter of Reprimand (GOLOR) for operating a motor vehicle under the influence (driving under the influence (DUI)) of an intoxicant with a blood-alcohol content of .05 or higher, a violation of Colorado law. The commander directed the GOLOR to be filed in the applicant's local Military Personnel Records Jacket (MPRJ) for a period of 3 years, or until his reassignment to another general court-martial jurisdiction, whichever was sooner.
6. On 27 November 1988, the applicant was honorably released from active duty by reason of expiration of term of service, having served 4 years of service with 8 days of time lost. He had attained the rank/grade of specialist (SPC)/E-4. His DD Form 214 shows in Item 27 (Reenlistment (RE) Code) the entry RE-3B.
7. There is no evidence of record and the applicant did not provide any evidence that shows he was recommended for or awarded the Army Good Conduct Medal by official orders.
8. 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.
9. Army Regulation 635-200 (Personnel Separations - Enlisted Personnel) states that prior to discharge or release from active duty, individuals will be assigned RE codes based on their service records or the reason for discharge. Army Regulation 601-210 (Active and Reserve Components Enlistment Program),
covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army (RA) and the U.S. Army Reserve (USAR). Table 3-1 included a list of the RA RE codes:
a. RE-1 applies to Soldiers completing their term of active service who are considered qualified to reenter the U.S. Army. They are qualified for enlistment if all other criteria are met.
b. RE-3B applies to Soldiers who have lost time during their last period of service. They are ineligible for enlistment unless a waiver is granted.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his military records should be corrected to show he was awarded the Army Good Conduct Medal.
2. The available evidence of record shows that the applicant received NJP for being AWOL and a GOLOR for a DUI offense during his period of service and was ineligible, without waiver, for reenlistment at the time of his release from active duty. Furthermore, there is no evidence showing he had been awarded a personal decoration during his active service. Accordingly, the applicant's service was not of such quality as to be described as distinguished.
3. In view of the foregoing, the applicant's request should be denied.
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) AR20100028619
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20100028619
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