IN THE CASE OF:
BOARD DATE: 12 June 2012
DOCKET NUMBER: AR20120000508
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 (Certificate of Release or Discharge from Active Duty) to show award of the Army Good Conduct Medal (AGCM) and the Air Assault Badge.
2. The applicant states his orders for the Air Assault Badge were never properly processed. He further states he was never officially awarded the AGCM but strongly feels the quality of his service fully qualified him for this medal.
3. The applicant provides copies of:
* Member 4 copy of his DD Form 214
* Permanent Orders 56-18, Headquarters, 10th Mountain Division (Light Infantry) and Fort Drum, Fort Drum, New York, dated 6 May 1994
* Light Fighters Course Phase I training certificate, dated 28 August 1992
* Jungle Warfare Course training certificate, dated 18 December 1992
* Light Navigator Course training certificate, dated 5 March 1993
* Air Assault School training certificate, dated 6 May 1994
* Pre-Ranger Course training certificate, dated 17 June 1994
* certificate of achievement for the period 26 April to 23 May 1993
* certificate of achievement for the period 10 October 1993 to 12 March 1994, dated 31 March 1994
* Page 1 of his DA Form 2-1 (Personnel Qualification Record Part II)
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. On 24 March 1992, the applicant enlisted in the Regular Army. He completed his initial training and was awarded military occupational specialty 11B (Infantryman).
3. Permanent Orders 56-18, Headquarters, 10th Mountain Division (Light Infantry) and Fort Drum, Fort Drum, dated 6 May 1994, awarded the applicant the Air Assault Badge for successful completion of the standard air assault course.
4. On 1 October 1995, the applicant was released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement). He attained the rank of specialist/pay grade E-4 and completed 3 years, 6 months, and 8 days of creditable active duty service. His character of service was honorable. He completed his first full term of service.
5. The applicant's DD Form 214 shows his awards and badges as:
* Army Achievement Medal
* National Defense Service Medal
* Armed Forces Expeditionary Medal
* Army Service Ribbon
* Sharpshooter Marksmanship Qualification Badge with Grenade Bar
* Marksman Marksmanship Qualification Badge with Rifle Bar
* Expert Infantryman Badge
6. Army Regulation 600-8-22 (Military Awards) states 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show award of the AGCM and Air Assault Badge.
2. Permanent orders clearly show the applicant was awarded the Air Assault Badge. Therefore, this badge should be added to his DD Form 214.
3. The applicant's records clearly show he distinguished himself in the performance of his military service as evidenced by attaining the rank of specialist and receiving a personal decoration and two certificates of achievement. Furthermore, he completed his full term of active duty service with no evidence of any discipline or negative incidents. Therefore, it is presumed that the reason he did not receive an AGCM for his service was an oversight. Accordingly, he should be awarded this medal and it should be added to his DD Form 214.
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:
a. awarding him the Army Good Conduct Medal (1st Award) for the period 24 March 1992 to 23 March 1995 and
b. adding the Army Good Conduct Medal and Air Assault Badge 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) AR20120000508
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ABCMR Record of Proceedings (cont) AR20120000508
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