BOARD DATE: 16 June 2011
DOCKET NUMBER: AR20100028883
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 (Report of Separation from Active Duty) to reflect all of his authorized awards.
2. The applicant states that he served 3 years with no disciplinary actions being taken against him and he was awarded the Good Conduct Medal. Accordingly, his records should be corrected to reflect all of his awards.
3. The applicant provides a copy of his 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 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 in Chicago, IL on 30 August 1974 for a period of 3 years, training as a broadcast specialist, and assignment to Hawaii.
3. He completed his basic training at Fort Polk, LA and his advanced individual training at Fort Benjamin Harrison, IN before being transferred to Hawaii on
4 June 1975.
4. He departed Hawaii on 26 August 1976 and he was transferred to Germany on 28 September 1976 where he remained until he was honorably released from active duty (REFRAD) on 29 August 1977 by reason of expiration of term of service (ETS). He had served 3 years of creditable active service. Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 issued at the time of his REFRAD reflects the entry "None."
5. Permanent Orders 99-01, issued by the U.S. Army Regional Personnel Center - Frankfurt (Germany), dated 31 August 1977, awarded the applicant the Army Good Conduct Medal for the period 30 August 1974 through 29 August 1977.
6. A review of his record failed to reveal that the applicant is entitled to any additional awards.
DISCUSSION AND CONCLUSIONS:
1. The applicants contentions have been noted and found to have merit. He was awarded the first award of the Army Good Conduct Medal for his service
2 days after he was REFRAD and the award was never added to his DD Form 214.
2. Accordingly, it would be appropriate to add the award of the Army Good Conduct Medal (1st Award) to his DD Form 214 at this time.
BOARD VOTE:
__x______ ____x____ ___x__ GRANT FULL RELIEF
________ ________ ________ 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 relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to item 26 of his DD Form 214 the Army Good Conduct Medal
(1st Award).
2. The Board wants the applicant and all others to know that the sacrifices he made in service to the United States are deeply appreciated. The applicant and all Americans should be justifiably proud of his service in arms.
________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) AR20100028883
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
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