IN THE CASE OF:
BOARD DATE: 29 March 2012
DOCKET NUMBER: AR20110016647
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 that the spelling of his first name on his discharge certificate be corrected and that he be awarded the Good Conduct Medal.
2. The applicant states his discharge certificate is the only document in his records that shows his name with an extra letter (an "n"). He would like this error corrected and a new discharge certificate issued. He received a 13 August 2007 Memorandum for Record that states he is due the Good Conduct Medal and he would like this medal.
3. The applicant provides copies of his discharge certificate, 13 August 2007 Memorandum for Record, and DD Form 214 (Certificate of Release or Discharge from Active Duty.
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 served on active duty in the Regular Army from 24 June 2004 through 13 September 2007.
3. On 13 August 2007 the Special Troops Battalion issued a Memorandum for Record stating that the applicant was due the Good Conduct Medal for the period from 24 June 2004 through 23 June 2007. He had not received the medal and he was in the process of clearing from the Wiesbaden Army Airfield.
4. Task Force Iron Sentinel Permanent Orders Number 242-2, dated 24 August 2007, awarded the Army Commendation Medal.
5. The applicant's DD Form 214 shows:
a. separation in the rank and pay grade of specialist, E-4;
b. net service of 3 years, 2 months, and 20 days with no lost time;
c. he was honorably discharged with disability severance pay; and
d. his awards do not include either the Army Commendation Medal or the Good Conduct Medal.
6. All documents contained in the applicant's official record, except his discharge certificate, show his first name as Jason. The discharge certificate shows it as Janson.
7. The applicant's record contains no derogatory entries, disciplinary actions, nonjudicial punishment, or court-martials that would suggest he was considered not eligible for award of the Good Conduct Medal.
8. Army Regulation 600-8-22 also provides that the 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 Good Conduct Medal, disqualification must be justified. Current practice requires that the commander provide written notice of nonfavorable consideration and permits the individual to respond.
DISCUSSION AND CONCLUSIONS:
1. The applicant's discharge certificate shows an incorrect spelling of his first name. It is appropriate to correct this error by issuing the applicant a replacement Honorable Discharge Certificate with the correct spelling of his first name as Jason.
2. The applicant was awarded of the Army Commendation Medal just prior to his separation date. It appears that the orders authorizing this medal were not included in his records until after his DD Form 214 was prepared, resulting in the omission of the medal from the DD Form 214. It is appropriate to correct this omission by adding the Army Commendation Medal to his authorized awards shown on his DD Form 214.
3. The applicant's commander submitted a memorandum stating, in effect, that the applicant had been recommended for and should have already received the Good Conduct Medal. The record contains no indication of any disqualifying incidents or recommendations precluding this award. Therefore, it is appropriate to award the applicant the Good Conduct Medal for his period of service from 24 June 2004 through 23 June 2007.
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. reissuing the applicant an Honorable Discharge Certificate with the correct spelling of his first name as Jason;
b. awarding the applicant the Good Conduct Medal for the period of service from 24 June 2004 through 23 June 2007; and
c. showing that, in addition to the awards shown on his DD Form 214, the applicant is also awarded the Army Commendation Medal and the Good Conduct 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) AR20110016647
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ABCMR Record of Proceedings (cont) AR20110016647
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