IN THE CASE OF:	  

		BOARD DATE:	    21 July 2011

		DOCKET NUMBER:  AR20110000661 


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) for the period ending on 13 October 1982 as follows:

	a.  item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) by:

* removing the duplicate entry of the Army Service Ribbon
* awarding and adding the Army Good Conduct Medal
* adding the Joint Service Commendation Medal

	b.  item 14 (Military Education) by removing the entry "Forestry, 2 weeks, 1974" and adding:

* Cook school, U.S. Marine Corps (USMC), 1966
* NBC (Nuclear, Biological, and Chemical) School, USMC, 1967
* MSG School, USMC, 1968
* Demolition School, Fort Belvoir, VA, 1977
* NCO (Noncommissioned Officer) school, Virginia Army National Guard (VAARNG), Fort Story, VA, 1978 

2.  The applicant states:

* he served for 3 honorable years in the USMC and deserves a Good Conduct Medal
* he read somewhere that one cannot have two Army Service Ribbons
* his DD Form 214 for the period ending 13 October 1982 shows two awards of the Army Service Ribbon
* when he served with the 3rd Armored Cavalry Regiment (ACR), he was awarded the Joint Service Commendation Medal
* upon leaving the USMC, he attended college for 2 years with a major in Forestry
* he completed various training courses throughout his military service

3.  The applicant provides:

* his DD Form 214 for the period ending on 13 October 1982
* his USMC DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending on 16 January 1969
* VAARNG Orders 99-24 (discharge orders)
* a National Guard Bureau (NGB) Form 23 (Retirement Credits Record)
* a Department of Veterans Affairs rating decision

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 USMC on 17 January 1966 and he held specialty number 3371 (Cook).  He was honorably released from active duty on
16 January 1969 and he was transferred to the Marine Corps Reserve to complete his remaining service obligation.

3.  His USMC DD Form 214 shows he completed 3 years of creditable active service.  This form also shows in:

	a.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons awarded or Authorized) the National Defense Service Medal and Vietnam Service Medal with one bronze service star.

	b.  Item 25 (Education and Training Completed) the:

* Base Special Training Cook Course, Camp Lejeune, NC, 1966
* NBC Defense School, Camp Lejeune, 1967

	c.  Item 30 (Remarks) the entry "Good Conduct Medal period commences 17 Jan 66."

4.  He enlisted in the VAARNG on 1 October 1976 and he held military occupational specialty (MOS) 12B (Combat Engineer).  He served with
Company B, 276th Engineer Battalion, Hopewell, VA, and attained the rank/grade of sergeant (SGT)/E-5.  He was honorably discharged from the ARNG on 11 May 1979.

5.  He enlisted in the U.S. Army Reserve (USAR) Delayed Entry Program (DEP) on 22 July 1980 for 6 years. He was discharged from the USAR DEP on
8 October 1980 and he enlisted in the Regular Army (RA) on 9 October 1980.  He completed training in MOS 19E (M48-M60 A1/A3 Armor Crewman) at Fort Knox, KY.  He was subsequently reassigned to M Company, 3rd Squadron, 3rd ACR, Fort Bliss, TX.  

6.  Item 17 (Civilian Education and Military Schools) of his DA Form 2-1 (Personnel Qualification Record) shows he previously completed 2 years of Forestry at Broward Community College in 1974.

7.  On 31 March 1981, he was transferred to Beaumont Army Medical Center, El Paso, TX, in a patient status.  He underwent a medical/physical evaluation board and he was ultimately retired on 13 October 1982 by reason of physical disability and placed on the Temporary Disability Retired List (TDRL).

8.  The DD Form 214 for the period ending 13 October 1982 shows he completed 2 years and 5 days of creditable active service this period.  This form also shows in:

	a.  item 13 the:

* National Defense Service Medal
* Vietnam Service Medal with 1 bronze service star
* Army Service Ribbon
* Expert Marksmanship Qualification Badge with Pistol Bar (.45 caliber)
* a second entry of the Army Service Ribbon

	b.  item 14 the entry Forestry, 2 weeks, 1974

9.  There is no evidence he completed any training courses during this period of active service other than 19E training.  Additionally, his records do not contain official orders awarding him the Joint Service Commendation Medal.

10.  His records also do not contain official orders awarding him any Good Conduct Medals, including the Army Good Conduct Medal.  Additionally, a review of his record shows no derogatory information or a commander's disqualification that would preclude awarding the first award of the Army Good Conduct Medal.

11.  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.  Any one of the following periods of continuous enlisted active Federal military service qualifies for award:

	a.  For first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.

	b.  For first award only, upon termination of service, on or after 27 June 1950, of less than 1 year when final separation was by reason of physical disability incurred in line of duty

12.  Army Regulation 600-8-22 states the Army Service Ribbon was established by the Secretary of the Army on 10 April 1981.  Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award upon successful completion of initial entry training.  The award may be awarded retroactively to those personnel who completed the required training before 1 August 1981 provided they had an 

Active Army status on or after 1 August 1981.  Only one award of the Army Service Ribbon is authorized, regardless of whether a Soldier completes both officer and enlisted initial entry training.

13.  The Joint Service Commendation Medal was authorized by the Secretary of Defense on 25 June 1963.  It is awarded in the name of the Secretary of Defense to members of the Armed Forces of the United States who, while assigned to a joint activity after 1 January 1963, distinguished themselves by meritorious achievement or service.  

14.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of their military service.  It is important that information entered on the form should be complete and accurate.  Chapter 2 contains guidance on the preparation of the DD Form 214.  The version in effect at the time stated for:

	a.  Item 13, enter awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.  Each entry will be verified by the Soldier’s record.

	b.  Item 14, list formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214.  Include title, length in weeks, and year completed.  This information is to assist the Soldier in job placement and counseling; therefore, do not list training courses for combat skills.

DISCUSSION AND CONCLUSIONS:

1.  With respect to the Army Good Conduct Medal, he served honorably on active duty in the RA from 9 October 1980 through 13 October 1982.  He completed
2 years and 5 days of creditable active service and his service was terminated by physical disability.  In the absence of derogatory information on file that would have disqualified him, it would be appropriate to award him the first award of the Army Good Conduct Medal based on completion of a qualifying period of active Army service and correcting his DD Form 214 to show this award.

2.  With respect to the Army Service Ribbon, only one award of the Army Service Ribbon is authorized regardless of whether a Soldier completes both officer and enlisted initial entry training.  It appears his DD Form 214 inadvertently listed this award twice.  Therefore, he is entitled to correction of his DD Form 214 to remove the duplicate entry of the Army Service Ribbon.

3.  With respect to the Joint Service Commendation Medal, there is no evidence in his record and he did not provide any evidence that shows he was awarded this medal.  In the absence of orders, there is insufficient evidence to add this award to his DD Form 214.

4.  With respect to the training courses he requested be added to his DD Form 214 for the period ending 13 October 1982, the version of the regulation in effect at the time required the entry of formal in-service training courses (combat skills not listed) completed during the period covered by the DD Form 214.  None of the courses he listed was completed during the period 9 October 1980 through 13 October 1982.  Therefore, there is no basis for granting this portion of his request.

5.  With respect to the "Forestry" course listed on his DD Form 214 for the period ending 13 October 1082, this course was not completed during the period covered by the DD Form 214.  Therefore, there was no basis for adding this training course to his DD Form 214.  Although it appears that an administrative error was made in the issuance of this DD Form 214, it has long been an unwritten policy of the Board that an applicant will not be made worse off than when they applied to the Board.  However, since he specifically requested its removal, it would be appropriate to delete this training course at this time.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  __X____  ___X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined 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 for the period ending 13 October 1982 the duplicate entry of the Army Service Ribbon;

	b.  awarding him the Army Good Conduct Medal for the period 9 October 1980 through 13 October 1982;

	c.  adding to item 13 of his DD Form 214 for the period ending 13 October 1982 the Army Good Conduct Medal (1st Award); and

	d.  deleting from item 14 of his DD Form 214 for the period ending 13 October 1982 the entry "Forestry, 2 weeks, 1974."

2.  The Board further determined 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 to his DD Form 214 for the period ending 13 October 1982 the:

* Joint Service Commendation Medal
* Cook school, USMC, 1966
* NBC Course, USMC, 1967
* MSG School, USMC, 1968
* Demolition School, Fort Belvoir, VA, 1977
* NCO school, VAARNG, Fort Story, VA, 1978



      _______ _   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)                                         AR20110000661



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ABCMR Record of Proceedings (cont)                                         AR20110000661



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