IN THE CASE OF:
BOARD DATE: 17 May 2012
DOCKET NUMBER: AR20110023721
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 (Report of Separation from Active Duty) to show award of the Army Good Conduct Medal (AGCM) and any other awards to which he is authorized.
2. The applicant states the AGCM orders were not received until his last day of service and the AGCM was not added to his DD Form 214.
3. The applicant provides copies of his AGCM orders and his DD Form 214.
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 enlisted in the Regular Army on 29 July 1971 for a period of 3 years. He completed basic training at Fort Knox, Kentucky; advanced individual training at Fort Sill, Oklahoma; and airborne training at Fort Benning, Georgia; before being transferred to Fort Bragg, North Carolina, for his first and only duty assignment.
3. On 3 July 1974, General Orders Number 469 issued by Headquarters, 82d Airborne Division, awarded the applicant the AGCM. There is no evidence in the available records to show he is entitled to any additional awards.
4. On 26 July 1974, he was honorably released from active duty (REFRAD) due to the expiration of his term of service. He completed 2 years, 11 months, and 28 days of active service. His DD Form 214 issued at the time of his REFRAD shows he was awarded the National Defense Service Medal, Parachutist Badge, and Expert Marksmanship Qualification Badge with Rifle Bar (M-16).
5. Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214. It provides that information contained on the DD Form 214 will be obtained from official documents contained in official records at the time of separation.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his award of the AGCM should be added to his DD Form 214 has been noted and is found to have merit. The applicant was awarded the AGCM and it was omitted from his DD Form 214 at the time of his separation.
2. Accordingly, his DD Form 214 should be corrected by adding the award of the AGCM 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 the evidence presented is 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 award of the AGCM (1st Award) to his DD Form 214.
_______ _ 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) AR20110023721
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ABCMR Record of Proceedings (cont) AR20110023721
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