IN THE CASE OF:	  

		BOARD DATE:  19 April 2012

		DOCKET NUMBER:  AR20110017770 


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 issuance of an Honorable Discharge Certificate and the following corrections to his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 23 May 2005:

	a.  amend item 4a (Grade, Rate or Rank) and item 4b (Pay Grade) to show his rank and pay grade as sergeant (SGT)/E-5,

	b.  add the following awards to item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized):

* National Defense Service Medal (2nd Award)
* Army Commendation Medal
* Army Achievement Medal (3rd Award)
* Army Good Conduct Medal (4th Award)
* Noncommissioned Officer (NCO) Professional Development Ribbon

	c.  add the Primary Leadership Development Course (PLDC) to item 14 (Military Education).

2.  The applicant states these awards were never recorded on his DD Form 214.

3.  The applicant provides:

* DD Form 214, Regular Army, effective 19 December 1998
* DD Form 214, Air National Guard, effective 17 November 2010
* Army Achievement Medal Certificate, dated 2 December 1997
* Army Commendation Medal Certificate, dated 15 July 1998
* DA Form 638 (Recommendation for Award), dated 16 July 1998
* PLDC Certificate, dated 27 December 2004
* Headquarters, 26th Infantry Brigade, Massachusetts Army National Guard (MAARNG), Orders 364-1, dated 29 December 2004

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 military records show he enlisted in the Regular Army on 23 August 1995.

3.  He provides an Army Achievement Medal Certificate for meritorious achievement for the period 10 November 1996 to 25 November 1997 awarded by Permanent Order Number 336-02, dated 2 December 1997.

4.  The applicant provides an Army Commendation Medal Certificate for meritorious service for the period 28 October 1997 to 27 October 1998 awarded by Permanent Order Number 196-7, dated 15 July 1998.  This award is not filed in his official military personnel file (OMPF).

5.  He provides a DA Form 638, dated 16 July 1998, which shows he was previously awarded two Army Achievement Medals; however, the reverse side of this form was not provided so it is unclear if this award was processed or approved.  Further, there are no Army Achievement Medal orders filed in his OMPF.

6.  His records contain an Army Commendation Medal Certificate for meritorious service from 28 October 1997 to 21 September 1998 awarded by Permanent Order Number 2547-8, dated 14 September 1998.

7.  He was honorably released from active duty on 19 December 1998 and transferred to the U.S. Army Reserve Control Group (Reinforcement).  His DD Form 214 shows he was awarded or authorized the:

* Army Good Conduct Medal
* National Defense Service Medal
* Army Service Ribbon
* Overseas Service Ribbon
* Parachutist Badge
* Expert Marksmanship Qualification Badge with Mortar Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle (M-16) and Grenade Bars

8.  Item 14 of his DD Form 214 for the period ending 19 December 1998 shows he completed the Basic Airborne Course and the Field Sanitation Course during this period of service.

9.  His DD Form 215 (Correction to DD Form 214) for the period ending 19 December 1998 shows he was awarded or authorized the Korea Defense Service Medal (KDSM).

10.  His DD Form 4836 (Oath of Extension of Enlistment or Reenlistment) shows he enlisted in the MAARNG on 20 February 2002.

11.  Orders 004-134 issued by the MAARNG, dated 4 January 2005, amended the period of his active duty or training (ADT)/active duty for special work (ADSW) to read 3 March 2004 to 18 May 2005.

12.  A DA Form 1059 (Service School Academic Evaluation Report) shows he attended PLDC from 8 April to 26 September 2004 and successfully completed the course.

13.  Orders 364-1 issued by the 26th Infantry Brigade, MAARNG, dated 29 December 2004, show he was promoted to SGT effective 10 December 2004.

14.  He was released from active duty on 23 May 2005.  The DD Form 214 issued for this period of service shows his rank and pay grade as specialist/E-4 effective 20 February 2002 and he was awarded or authorized the:

* Army Good Conduct Medal
* National Defense Service Medal
* Global War on Terrorism Service Medal


* Army Service Ribbon
* Overseas Service Ribbon
* Expert Infantryman Badge
* Parachutist Badge
* Air Assault Badge

15.  Item 14 of his DD Form 214 for the period ending 23 May 2005 contains no entries for military education.

16.  His OMPF contains a National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) for the period 8 February 2007 to 19 February 2008 upon the termination of his military service obligation.  Item 18 (Remarks) shows both his NGB Form 22 and NGB Form 55 (Honorable Discharge from the Armed Forces of the United States) were mailed to his last known address.

17.  He provides a DD Form 214 for service in the Air National Guard during the period 11 July 2009 to 17 November 2010.

18.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It states:

	a.  to list awards and decorations for all periods of service in item 13 of the DD Form 214;

	b.  to list resident and military school training courses of 40 hours or more successfully completed during the period of service covered by the DD Form 214 in item 14 of the DD Form 214.  The list will include the title, length in weeks, and the year completed; and

	c.  commanders of installations, military communities, and mobilization stations will issue discharge certificates appropriately to all Soldiers receiving an honorable or general discharge.

19.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The NCO Professional Development Ribbon was established by the Secretary of the Army on 10 April 1981.  It is awarded to Active Army, Army National Guard, and U.S. Army Reserve Soldiers for successful completion of designated NCO professional development courses, to include PLDC.

	b.  The National Defense Service Medal is awarded for honorable active service for any period between 27 June 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.  Members of the Selected Reserves in good standing , and members of other than the Selected Reserve who are called to active duty will also be eligible.

	c.  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.  After 27 June 1950, to the present time, the current standard for award of the Army Good Conduct Medal is 3 years of qualifying service, but as little as 1 year is required for the first award in those cases when the period of service ends with the termination of active enlisted Federal military service.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.  Eligibility for reserve personnel is limited to:

		(1)  Active Guard Reserve enlisted personnel serving on extended periods of active duty other than for training under Title 10 and Title 32 of the U.S. Code for periods beginning on or after 1 September 1982 and

		(2)  Ready Reserve (which includes the ARNG) enlisted personnel ordered to active duty under Title 10, U.S. Code.

	e.  Only one decoration will be awarded to an individual for the same act, achievement, or period of meritorious service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests to be issued an Honorable Discharge Certificate and correction of his DD Form 214 for the period ending 23 May 2005 to show his rank and pay grade as SGT/E-5 and to add missing awards and training.

2.  He was promoted to SGT on 10 December 2004; therefore, he is entitled to correction to his DD Form 214 to show his rank as SGT/E-5.

3.  The evidence of record shows he successfully completed PLDC in 2004.  Therefore, he is entitled to correction of his DD Form 214 to show this course.

4.  The applicant served on ADT/ADSW during a period of eligibility for a second award of the National Defense Service Medal.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

5.  His OMPF contains an Army Commendation Medal for meritorious service for the period 28 October 1997 to 21 September 1998 and he provides an Army Commendation Medal Certificate for meritorious service for the period 28 October 1997 to 27 October 1998.  The time periods for the two awards overlap, but they have different order numbers.  Army Regulation 600-8-22 provides that only one decoration will be awarded to an individual for the same act, achievement, or period of meritorious service.  Therefore, it is presumed that an administrative error occurred in the processing of this award resulting in duplicate certificates.  Nonetheless, he is entitled to correction of his DD Form 214 to show one Army Commendation Medal.

6.  An award certificate provided by the applicant indicates he received the Army Achievement Medal for meritorious service for the period 10 November 1996 to 25 November 1997; however, he contends he was awarded three Army Achievement Medals.  A review of his OMPF did not find any documents which support his contention and the incomplete award recommendation he submitted is insufficient evidence to substantiate he was awarded more than one Army Achievement Medal.  Therefore, his record should be corrected to show award of one Army Achievement Medal.

7.  He completed a period of active duty in the Regular Army from 23 August 1995 to 19 December 1998 and he was awarded the Army Good Conduct Medal.  He subsequently enlisted in the MAARNG and completed a period of ADT/ADSW from 3 March 2004 to 23 May 2005.  The current standard for award of the Army Good Conduct Medal is 3 years of qualifying service, but as little as 1 year is required for the first award only in those cases when the period of service ends with the termination of active enlisted Federal military service.  Therefore, he is not eligible for a second Army Good Conduct Medal for this period of service.

8.  In regard to issuance of an Honorable Discharge Certificate, the applicant is advised to contact his MAARNG unit.  His NGB Form 22 shows his NGB Form 55 was mailed to his last known address.

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 is 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 amending his DD Form 214 for the period ending 23 May 2005 as follows:

	a.  to show his rank and pay grade as SGT/E-5 with an effective date of 10 December 2004;

	b.  to add the following awards:

* Army Achievement Medal
* Army Commendation Medal
* National Defense Service Medal (2nd Award)
* Korea Defense Service Medal (previously added for the period ending 19 December 1998 by DD Form 215)
* Noncommissioned Professional Development Ribbon

	c.  to add completion of the "Primary Leadership Development Course, 24 weeks, 2004."

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 issuing the applicant an Honorable Discharge Certificate and correcting his 2005 DD Form 214 to show award of the:

* Army Achievement Medal (3rd Award)
* Army Good Conduct Medal (4th Award)



      __________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)                                         AR20110017770



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ABCMR Record of Proceedings (cont)                                         AR20110017770



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