IN THE CASE OF:
BOARD DATE: 19 April 2012
DOCKET NUMBER: AR20110020411
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 all awards to which he may be entitled.
2. The applicant states his DD Form 214 (Report of Separation from Active Duty) does not show all of his awards.
3. The applicant provides a copy of his DD Form 214 issued on 14 March 1973 and 2 March 1976.
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's military record shows he was initially inducted into the Army of the United States and entered active duty on 16 February 1971. He was trained in and awarded military occupational specialty 12B (Engineer).
3. On 14 March 1973, the applicant was honorably discharged for the purpose of immediate reenlistment. The DD Form 214 shows he earned the National Defense Service Medal.
4. On 15 March 1973, the applicant reenlisted in the Regular Army. His DA Form 2-1 (Personnel Qualification Record) shows he served in Germany from 20 July 1971 through 15 March 1976.
5. Item 9 (Awards, Decorations, and Campaigns) of his DA Form 2-1 shows he earned the following awards during his tenure on active duty:
* National Defense Service Medal
* Army Good Conduct Medal
* Marksman Marksmanship Qualification Badge with M-16 Rifle Bar
6. On 26 March 1976, the applicant was honorably released from active duty and transferred to the United States Army Reserve after completing a total of 5 years and 29 days of creditable active duty service. His DD Form 214 shows he earned the National Defense Service Medal and Marksman Marksmanship Qualification Badge with M-16 Rifle Bar.
7. The applicant's military record contains no orders or other documents to show he was awarded or recommended for any additional awards.
DISCUSSION AND CONCLUSIONS:
The applicant contends his DD Form 214 should be corrected to show all awards to which he may be entitled. The evidence of record confirms he was awarded the Army Good Conduct Medal and this award is not currently reflected on his final DD Form 214. Accordingly, it should be added at this time.
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 adding the Army Good Conduct Medal to his DD Form 214 issued on 26 March 1976, and issuing him a corrected document to reflect this change.
_______ _ __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) AR20110020411
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110020411
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