IN THE CASE OF:	  

		BOARD DATE:	  13 October 2011

		DOCKET NUMBER:  AR20110006109 


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:

* correct his last duty assignment and major command
* add all awards, medals, badges, citations, and campaign ribbons he is entitled to

2.  He states that his DD Form 214:

   a.  does not show that he was awarded the Army Commendation Medal (ARCOM) and Army Good Conduct Medal (AGCM); and  
   
   b.  incorrectly shows his last duty assignment and major command as 
C Battery, 6th Battalion, 14th Field Artillery Regiment, USAREUR (United States Army Europe) vice Service Battery, 6th Battalion, 14th Field Artillery Regiment, USAREUR.

3.  He provides a DD Form 1577 (Authorization for Issuance of Awards).

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 records show he enlisted in the Regular Army on 6 November 1980.  

3.  His DA Form 2-1 (Personnel Qualification Record) reviewed on 3 May 1982 shows in: 

   a.  item 9 (Awards, Decorations, and Campaigns) Army Service Ribbon and Overseas Service Ribbon, and 
      
   b.  item 35 (Record of Assignments) his final duty assignment was Headquarters and Headquarters Battery, 6th Battalion, 14th Field Artillery, 
1st Armored Division (attached to Service Battery, 6th Battalion, 14th Field Artillery, 1st Armored Division, Germany).
      
4.  He was honorably released from active duty on 27 October 1983 at the expiration of his term of service.

5.  The DD Form 214 he was issued shows in:

	a.  Item 7 (Last Duty Assignment and Major Command) C Battery
6th Battalion, 14th Field Artillery, USAREUR E7; and 

   b.  item 12c (Net Active Service This Period) 2 years, 11 months, and 22 days; and
      
   c.  item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) he was awarded or authorized the Expert Marksmanship Qualification Badge with Rifle Bar (M-16), Expert Marksmanship Qualification Badge with Hand Grenade Bar, Army Service Ribbon, Overseas Service Ribbon, and Army Achievement Medal.

6.  His record is void of orders and he has not provided any orders showing award of the ARCOM or AGCM.  

7.  His record is void of any derogatory information or commander's disqualification for award of the AGCM.  

8.  He submitted a DA Form 1577, dated 31 December 1984, which shows he was authorized award of the ARCOM and AGCM.

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 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states that awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 will be entered on the DD Form 214 and to show that last unit and major commend the Soldier was assigned to prior to his release from active duty.  Each entry will be verified by the Soldier’s records.

11.  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 confirms the applicant served on active duty from 6 November 1980 to 27 October 1983 and there is no derogatory information in the available record that would have disqualified him for award of the AGCM (1st Award).  Therefore, it would be appropriate to award the applicant the first award of the AGCM based on completion of a qualifying period of service.

2.  He submitted a DA Form 1577 that authorized the issuance of the ARCOM.  However, there is no corroborating evidence and he did not submit any corroborating evidence that shows he was awarded the ARCOM.  Therefore, he is not entitled to have his record corrected to show this award.

3.  Although evidence of record shows he was attached to Service Battery, 
14th Field Artillery Regiment, USAREUR E7, there is no evidence of record that shows he was assigned to Service Battery, 6th Battalion, 14th Field Artillery Regiment, while serving in USAREUR.  However, evidence of record does show he was assigned to Headquarters and Headquarters Battery, 14th Field Artillery Regiment, USAREUR E7.  As a result, he is entitled to have his DD Form 214 corrected to show his last unit of assignment as Headquarters and Headquarters Battery, 6th Battalion, 14th Field Artillery Regiment, USAREUR E7.

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 C Battery, 6th Battalion, 14th Field Artillery Regiment, USAREUR E7 from item 7 of his DD Form 214; 
   
   b.  adding Headquarters and Headquarters Battery, 6th Battalion, 14th Field Artillery Regiment, 1st Armored Division, USAREUR E7 to item 9 of his DD Form 214;
   
   c.  awarding him the Army Good Conduct Medal (1st award) for the period 6 November 1980 to 27 October 1983; and 

   d.  adding the Army Good Conduct Medal (1st award) to item 13 of his 
DD Form 214.

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 showing award of the Army Commendation Medal.  



      _______ _  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)                                         AR20110006109



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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