IN THE CASE OF:	  

		BOARD DATE:	  28 June 2011

		DOCKET NUMBER:  AR20100028898 


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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the Army Commendation Medal (1st oak leaf cluster) and two awards of the Army Good Conduct Medal.

2.  He states he received the DA forms for two Army Commendation Medals and two Army Good Conduct Medals, but he did not receive the actual medals.

3.  He provides:

* two award certificates for the Army Commendation Medal
* his DD Form 214
* a DD Form 215 (Correction to DD Form 214), dated 15 November 2010

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 19 August 1977.  His highest grade attained was staff sergeant (SSG).

3.  He provided two award certificates, dated 21 October 1981 and 25 August 1983, which indicates he was awarded the Army Commendation Medal for meritorious service:

* as an Advanced Identification Techniques Senior Analyst, U.S. Army Field Station, Augsburg, Germany from 1 December 1978 to 13 April 1981
* in the performance of his duties during the period 1 October 1981 through 16 September 1983 with Company A, 109th Military Intelligence Battalion, Fort Lewis, WA

4.  His service record does not contain orders for a second award of the Army Commendation Medal.  Item 9 (Awards, Decorations, and Campaigns) of his DA Form 2-1 (Personnel Qualification Record - Part II) lists only one award of the Army Commendation Medal.

5.  He was honorably discharged on 21 October 1983 in the rank of SSG.  At the time of his discharge, he had completed 6 years, 2 months, and 3 days of active military service with no days of time lost.

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

* Army Service Ribbon
* Overseas Service Ribbon
* Army Commendation Medal
* Noncommissioned Officer Professional Development Ribbon with
numeral 1
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)

7.  He was issued a DD Form 215, dated 15 November 2010, that corrected his DD Form 214 to add one award of the Army Good Conduct Medal.

8.  His service record does not include orders or a recommendation for award of a second Army Good Conduct Medal for the period 19 August 1980 through
18 August 1983.  His service record does not include any disciplinary actions or a commander's disqualification for the second award of the Army Good Conduct Medal.  

9.  Army Regulation 600-8-22 (Military Awards) states the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

10.  Army Regulation 600-8-22 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.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was awarded the Army Commendation Medal for meritorious service from 1 December 1978 to 13 April 1981 and this award is shown on his DD Form 214.

2.  He provided an award certificate indicating he was awarded a second award of the Army Commendation Medal for meritorious service for the period 1 October 1981 through 16 September 1983.  However, absent orders authorizing him a second award of the Army Commendation Medal, this document is not sufficient in itself to support correction of his DD Form 214 to show a second award of the Army Commendation Medal.  Therefore, this portion of his request should be denied.

3.  He also contends he received two awards of the Army Good Conduct Medal.  A DD Form 215, dated 15 November 2010, corrected his DD Form 214 to add one award of the Army Good Conduct Medal.

4.  There is no evidence he was awarded a second award of the Army Good Conduct Medal.  However, the evidence of record shows he served during a qualifying period for the second award of the Army Good Conduct Medal during the period 19 August 1980 through 18 August 1983.  He was advanced to SSG 


with no record of any disciplinary action or a commander's disqualification for award of the Army Good Conduct Medal.  Therefore, it would be appropriate at this time to award him the 2nd award of the Army Good Conduct Medal and to correct his DD Form 214 to show this award.

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.  deleting from item 13 of his DD Form 214 the Army Good Conduct Medal;

	b.  awarding him the Army Good Conduct Medal (2nd Award) for the period 19 August 1980 through 18 August 1983; and

	c.  adding to item 13 of his DD Form 214 the Army Good Conduct Medal
(2nd 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 adding a second award of the Army Commendation Medal to his DD Form 214.



      ____________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)                                         AR20100028898



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ABCMR Record of Proceedings (cont)                                         AR20100028898



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