IN THE CASE OF:	  

		BOARD DATE:	    24 April 2012

		DOCKET NUMBER:  AR20110018769 


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 records to show he is authorized the Army Staff Identification Badge and the Army Good Conduct Medal (2nd Award). He also requests update of his Armed Services Vocational Aptitude Battery (ASVAB) test scores in the Army's recruiting system.

2.  The applicant states:

* he served for a total of 6 years and 4 months
* he received the Good Conduct Medal for his first 3 years of service and he did not receive a Good Conduct Medal for the following 3 years of service
* based on Department of the Army Memorandum 672-1 (Army Staff Identification Badge and Army Staff Lapel Pin), he believes he qualified for the Army Staff Identification Badge
* he was assigned to Headquarters, Department of the Army and he worked for the Army Visual Information Directorate, under the Office of the Administrative Assistant to the Secretary of the Army
* he retook the ASAVB on 5 August 1998 and the newer score was not updated in the Army's recruiting system

3.  The applicant provides:

* An Army Education Center Automated Communications-Electronics Management Information System (ACEMIS) Armed Forces Classification Test (AFCT) Score Sheet, dated 5 August 1998
* Orders 37-326, issued by Headquarters, U.S. Army Air Defense Artillery Center, Fort Bliss, TX, dated 6 February 2001
* Orders 39-29, issued by Headquarters, U.S. Army Air Defense Artillery Center, Fort Bliss, dated 8 February 2001
* A Memorandum for Military Personnel Service Center, subject:  Duty Assignment Information (undated) pertaining to the applicant
* A DA Form 638 (Recommendation for Award) of the Army Commendation Medal, dated 13 February 2001
* Orders 237-0002, issued by Headquarters, Fort Myer Military Community, Arlington, VA, dated 25 August 2003
* A DA Form 638 for the Army Commendation Medal (3rd Award), dated 
7 October 2003

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 requests update of his ASVAB test scores in the Army's recruiting system.  He submits a copy of his ACMIS AFCT Score Sheet, which shows he was re-tested on 5 August 1998.  The applicant should redirect this issue through his local recruiting office with a copy of his updated test scores and request that appropriate action be taken to ensure his updated ASVAB test scores are reflected in the Army recruiting system.  Therefore, this portion of the applicant's request will be discussed further in these Proceedings.

3.  The applicant enlisted in the Regular Army on 20 August 1997.  He completed training in military occupational specialty 74B (information systems operator).  He arrived in Korea on 21 February 1998 and he was assigned to the 6th Support Center.

4.  On 20 February 1999, the applicant departed Korea en route to the United States.  He was further assigned to Headquarters, 31st Air Defense Artillery Brigade, Fort Bliss.

5.  Permanent Order 39-29, issued by Headquarters, U.S. Army Air Defense Artillery Center, Fort Bliss, dated 8 February 2001, awarded him the Army Good Conduct Medal (First Award) for the period 20 August 1997 through 19 August 2000.

6.  Orders 37-326, dated 6 February 2001, reassigned the applicant from Fort Bliss to "Airborne Vehicle Identification (W31301), Washington, DC," with a reporting date of 20 March 2001 (early arrival authorized).

7.  The applicant was honorably released from active duty on 20 December 2003 at the completion of required active service and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining service obligation.  The DD Form 214 (Certificate of Release or Discharge from Active Duty) he was issued shows his authorized awards as the:

* Army Commendation Medal (2nd Award)
* Army Achievement Medal (2nd Award)
* Army Good Conduct Medal
* National Defense Service Medal
* Noncommissioned Officer's Professional Development Ribbon
* Army Service Ribbon
* Overseas Service Ribbon

8.  A review of the applicant's record fails to show he was ever recommended for or approved for wear of the Army Staff Identification Badge.

9.  There is no evidence of records of any court-martial convictions, absences without leave (AWOL), or unfavorable personnel actions or statements that would have precluded the applicant from being awarded the second award of the Army Good Conduct Medal for the period 20 August 2000 through 19 August 2003.

10.  The applicant submits a Memorandum for Military Personnel Center from the Office of the Administrative Assistant, Washington, DC that shows he was assigned to a software analysis duty position, effective 20 March 2001.  He also submits a copy of Orders 237-0002, dated 25 August 2003, reassigning him to the U.S. Army Transition Center, Fort Myer, VA, for separation processing with a release from active duty date of 20 December 2003.  He further submits two

DA Forms 638 showing he received the first and second awards of the Army Commendation Medal.  His first award was for outstanding achievement while serving as a Brigade Automation Technician from 20 February 1999 through
5 March 2001.  His second was for exceptionally meritorious service as the Information Management Officer for the Army Visual Information Directorate from 20 March 2001 through 20 November 2003.

11.  Army Regulation 600-8-22 (Military Awards) states:

	a.  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.

	b.  The Global War on Terrorism Service Medal (GWOTSM) is authorized for award to members of the Armed Forces of the United States who have participated in the Global War on Terrorism operations outside of the designated areas of eligibility (AOE) on or after 11 September 2001 to a future date to be determined.  All Soldiers on active duty, including Reserve Component Soldiers mobilized or National Guard Soldiers activated, on or after 11 September 2001 to a date to be determined having served 30 consecutive days or 60 nonconsecutive days are authorized the GWOTSM.

	c.  The Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

	d.  The Army Lapel Button is a gratuitous issue and the eligibility requirements are as follows:  

* Soldiers transitioning with an honorable characterization of service (those being transferred to another component for completion of a military service obligation and those receiving an Honorable Discharge Certificate)
* Soldiers transitioning under a non-adverse separation provision
* Soldiers who have served a minimum of 9 months continuous service - a break in service is 24 hours or more
* Soldiers who have had active Federal service on or after 1 April 1984 or service in a Ready Reserve unit organized to serve as a unit (Army 

National Guard unit or Army Reserve troop program unit) on or after
1 July 1986 
* No Soldier separating from the Service is to be awarded more than one Army Lapel Button

12.  The Army Staff Identification Badge is awarded by Principal Officials of Headquarters, Department of the Army to military personnel serving on their staff and within their subordinate agencies.  Eligibility criteria for wear and permanent issue are contained in Department of the Army Memorandum 672-1.  Permanent issue must be authorized by Principal Officials with the certificate of authorization constituting authority for wearing the badge as a permanent part of the uniform.  The Army Staff Identification Badge is not an award nor is it a decoration.  It is a distinguishing emblem of service at Headquarters Department of the Army.  The Principal Staff Support Agency, Field Operating Agency, or Direct Reporting Unit Official must recommend individuals to their proponent Headquarters, Department of the Army Principal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been noted.  His supporting evidence has been considered.

2.  In order to be authorized the Army Staff Identification Badge, the Principal Staff Support Agency, Field Operating Agency, or Direct Reporting Unit Official must recommend individuals to their proponent Headquarters, Department of the Army Principal.  There is no evidence that he was ever recommended for or approved for the Army Staff Identification Badge.  Therefore, there is no basis for granting this portion of his request.

3.  The applicant served during a qualifying period of service for entitlement to the 2nd award of the Army Good Conduct Medal.  There is no evidence of any disciplinary or derogatory information or a commander's disqualification that would have precluded him from being awarded a second award of the Army Good Conduct Medal.  Therefore, he should be awarded the Army Good Conduct Medal (2nd Award) for the period 20 August 2000 through 19 August 2003 and his DD Form 214 should be corrected to show this award.

4.  He also served during a qualifying period of service for the Global War on Terrorism Service Medal, Korea Defense Service Medal, and the Army Lapel Button.  Therefore, his DD Form 214 should be corrected to show these awards.

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 from his DD Form 214 the Army Good Conduct Medal;

	b.  awarding him the Army Good Conduct Medal (2nd Award) for the period 20 August 2000 through 19 August 2003; and

	c.  adding to his DD Form 214 the:

* Army Good Conduct Medal (2nd Award)
* Global War on Terrorism Service Medal
* Korea Defense Service Medal
* Army Lapel Button

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 correcting his records to show he is authorized and awarded the Army Staff Identification Badge.




      __________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)                                         AR20110018769



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ABCMR Record of Proceedings (cont)                                         AR20110018769



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