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ARMY | BCMR | CY2012 | 20120000065
Original file (20120000065.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:	  9 August 2012

		DOCKET NUMBER:  AR20120000065 


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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 28 May 1982 to show his award of the Army Good Conduct Medal and the National Defense Service Medal.

2.  The applicant states someone did not put the AGCM on his DD Form 214.

3.  The applicant provides:

* Permanent Orders 066-18, issued by Headquarters, 4th Infantry Division, Fort Carson, CO
* his DD Forms 214 for the period ending 28 May 1982, 9 May 1992,
29 July 2003, and 31 July 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 enlisted Regular Army on 1 May 1979.  He completed training as an armor crewman.

3.  Permanent Orders 066-18, dated 9 April 1982, awarded the applicant the Army Good Conduct Medal (1st Award) for the period 1 May 1979 to a date of separation on or about 3 April 1982.

4.  On 28 May 1982, the applicant was honorably released from active duty at the completion of required service.  He was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining service obligation.  He completed 3 years and 28 days of creditable active service.  His DD Form 214 shows award of the:

* Army Service Ribbon
* Overseas Service Ribbon
* Expert Marksmanship Qualification Badge with Pistol Bar (.45 caliber)

5.  The applicant subsequently became a career Reserve Component (RC) Soldier with the California Army National Guard (CAARNG).  Records show he was called to active duty several times by the CAARNG.

6.  The applicant provides the following additional three DD Forms 214 for the period ending and awards as indicated:

	a.  9 May 1992:

* National Defense Service Medal
* Army Service Ribbon
* Overseas Service Ribbon

	b.  29 July 2003:

* National Defense Service Medal
* Army Service Ribbon
* Overseas Service Ribbon


	c.  31 July 2004:

* Army Good Conduct Medal
* National Defense Service Medal
* Army Service Ribbon
* Overseas Service Ribbon

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

	a.  The National Defense Service Medal is awarded for honorable active service for any period between 27 July 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.  Second and subsequent awards of the National Defense Service Medal are denoted by a bronze service star affixed to the award.

	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 Global War on Terrorism operations outside of the areas of eligibility (AOE) designated for award of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or Iraq Campaign Medal.  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.

8.  Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states that awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 will be entered on the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests, in effect, correction of his DD Forms 214 to show his authorized awards.

2.  Permanent orders awarded the applicant the Army Good Conduct Medal for the period 1 May 1979 to a date of separation on or about 3 April 1982.  Therefore, his DD Forms 214 for the period ending 28 May 1982, 9 May 1992, and 29 July 2003 should be corrected to show this award.

3.  The applicant's first period of service from 1 May 1979 through 28 May 1982 did not fall within an authorized period of service for the National Defense Service Medal.  Therefore, there is no basis for adding this award to his DD Form 214 for the period ending 28 May 1982.

4.  However, based on his active duty service on or after 11 September 2001, he is entitled to a bronze service star for wear on his already-awarded National Defense Service Medal.  Therefore, his DD Forms 214 for the period ending
29 July 2003 and 31 July 2004 should be corrected to show this bronze service star.

5.  The applicant served during a qualifying period of service subsequent to
11 September 2001 for entitlement to the Global War on Terrorism Service Medal.  Therefore, his DD Forms 214 for the period ending 29 July 2003 and 
31 July 2004 should be corrected to show this award.

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.  adding to his DD Form 214 for the period ending 28 May 1982 the Army Good Conduct Medal (1st Award);

	b.  adding to his DD Form 214 for the period ending 9 May 1992 the Army Good Conduct Medal (1st Award);

	c.  deleting from his DD Forms 214 for the period ending 29 July 2003 and    31 July 2004 the National Defense Service Medal;
	d.  adding to his DD Form 214 for the period ending 29 July 2003 the:

* Army Good Conduct Medal (1st Award)
* National Defense Service Medal with one bronze service star
* Global War on Terrorism Service Medal

	e.  adding to his DD Form 214 for the period ending 31 July 2004 the:

* National Defense Service Medal with one bronze service star
* Global War on Terrorism Service Medal

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 adding the National Defense Service Medal to his DD Form 214 for the period ending 28 May 1982.



      ____________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)                                         AR20120000065



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ABCMR Record of Proceedings (cont)                                         AR20120000065



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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