BOARD DATE:	  28 July 2011

		DOCKET NUMBER:  AR20110002254 


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 item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his 31 July 1987 DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected.   

2.  The applicant states a second Army Good Conduct Medal (AGCM) and the Panama Jungle Patch should be added to item 13 of the DD Form 214.  He also states the Special Forces Tab entry in item 13 was so poorly done it raises questions regarding its validity and as a result should be corrected.  

3.  The applicant provides DD Forms 214, dated 21 February 1986 and 31 July 1987 in support of 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 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’s record shows he initially entered active duty in the Regular Army (RA) on 30 January 1980.  He was trained in and awarded military occupational specialty (MOS) 91A (Medical Specialist).  He served on active duty for 6 years and 22 days until 21 February 1986, at which time he was honorably discharged, in the rank of specialist four/E-4, at his ETS.  Item 13 of the DD Form 214 he was issued at the time shows he earned the following awards:

* Army Service Ribbon (ASR)
* Army Lapel Button
* Overseas Service Ribbon (OSR)
* Army Achievement Medal (AAM)
* Noncommissioned Officer Professional Development Ribbon (NCOPDR), 2nd Award
* Army Commendation Medal (ARCOM)
* Expert Marksmanship Qualification Badge with Hand Grenade Bar
* Expert Field  Medical Badge (EFMB)
* Ranger Tab
* Parachutist Badge
* Canadian Parachutist Badge
* Panama Jungle Patch
* Expert Marksmanship Qualification Badge with Pistol Bar
* AGCM
* Expert Jungle Badge

3.  On 21 March 1986, the applicant enlisted in the United States Army Reserve (USAR) for 6 years and was trained in and awarded MOS 18D (Special Operations Medical Specialist).  

4.  The applicant’s DA Form 2-1 (Personnel Qualification Record) prepared on
24 June 1986, upon his enlistment in the USAR, and last reviewed by the applicant on 13 January 1987, does not include a second award of the AGCM in Item 9 (Awards, Decorations & Campaigns).  Item 9 does include the Special Forces Tab and Panama Jungle Patch.  

5.  The applicant’s Official Military Personnel File (OMPF) is void of orders or other documents indicating the applicant was awarded a second AGCM.  The record is void of derogatory information or a unit commander disqualification that would have precluded award of the AGCM (2nd Award).  The OMPF does contain Department of the Army (DA) letter, dated 24 September 1984, which authorized the applicant to accept and wear the Panama Jungle Patch.  It also contains orders dated 31 July 1987, which awarded him the Special Forces Tab 


and orders, dated 17 January 1983, which awarded him the AGCM for the period 30 January 1980 through 29 January 1983.   

6.  On 19 June 1986, the applicant entered active duty as a member of the USAR.  He served on active duty for 1 year, 1 month, and 13 days until being honorably released from active duty (REFRAD), in the rank of staff sergeant/E-6, and returned to his USAR unit on 31 July 1987.  

7.  The DD Form 214 the applicant was issued on 31 July 1987 does not include the AGCM (2nd Award) and/or Panama Jungle Patch in item 13; and the Special Forces Tab entry gives the appearance that it was added after initial preparation of the form.  

8.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains instructions for preparing the DD Form 214.  The instructions for item 13 state to list awards and decorations for all periods of service in the priority sequence specified in the awards regulation.  Each entry will be verified by the Soldier's records.  Do not use abbreviations. 

9.  Army Regulation 600-8-22 (Military Awards) prescribes the Army’s awards policy.  Chapter 4 contains guidance on the AGCM.  It states it is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service of 3 years completed on or after 27 August 1940. Although there is no automatic entitlement to the AGCM, disqualification must be justified.

10.  Paragraph 9-26 of the awards regulation contains guidance on acceptance and wear of foreign badges.  It states qualification and special skill badges may be accepted if awarded in recognition of meeting the criteria, as established by the foreign government concerned, for the specific award.  Only those badges that are awarded in recognition of military activities and by the military department of the host country are authorized for acceptance and permanent wear.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request to add the AGCM (2nd Award) and Panama Jungle Patch, to item 13 of his 31 July 1987 DD form 214 has been carefully considered and found to have merit.  

2.  By regulation, the AGCM is authorized for each 3 year period of qualifying honorable active duty service.  The evidence of record confirms the applicant was awarded the first award of the AGCM for his qualifying period of honorable active duty service from 30 January 1980 through 29 January 1983.  It also shows he continued to serve on active duty in the RA during the qualifying period for the second AGCM from 30 January 1983 through 29 January 1986.  Therefore, given his record is void of derogatory information or a unit commander disqualification that would have precluded this award, it would be appropriate to award him the AGCM (2nd Award) for this qualifying period of honorable active duty service and to add it to his record and DD Form 214.  

3.  The record also shows DA authorized the applicant to accept and wear the Panama Jungle Patch, and although it was included in the list of awards contained on his 1986 DD Form 214, it was not included in the list of awards contained in his 1987 DD Form 214.  As a result, it would be appropriate to add it to this document at this time. 

4.  The applicant’s request to clean up the Special Forces Tab entry in order to avoid the appearance that it was improperly added to the DD Form 214 after the fact has also been carefully considered and found to have merit.  Therefore, it would be appropriate to issue a DD Form 215 that deletes the current list of awards in item 13 of his 31 July 1987 DD Form 214, and that reenters all earned awards and adds the AGCM (2nd Award) and Panama Jungle Patch in 
non-abbreviated form and in priority sequence as is required by the governing regulation. 

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.   Awarding him the AGCM (2nd Award) for his qualifying period of active duty service from 30 January 1983 through 29 January 1986; and 

	b.  Issuing a DD Form 215 that deletes the current list of awards in item 13 of his 31 July 1987 DD Form 214 and that replaces it with a list of all earned awards including those already listed and the AGCM (2nd Award) and Panama Jungle Patch in non-abbreviated form in priority sequence as is required by the governing regulation.



      _________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)                                         AR20110002254



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ABCMR Record of Proceedings (cont)                                         AR20110002254



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