IN THE CASE OF:	  

		BOARD DATE:	  10 July 2012

		DOCKET NUMBER:  AR20120001082 


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:

* his rank/grade as sergeant (SGT)/E-5 
* award of the Army Good Conduct Medal (AGCM), Army Commendation Medal (ARCOM), and Cold War Medal
* he also requests the issuance of medal sets for the above awards

2.  The applicant states, in effect, after he was assigned to Fort Hood, Texas in January 1979 his rank was changed from specialist five (SP5) to SGT.  He also states his record fails to show award of the AGCM or ARCOM.  He further states he served on the East/West German border in 1979 and believes he is entitled to the Cold War Medal for this service. 

3.  The applicant provides the following documents in support of his request:

* Self-Authored Letter
* DD Form 214
* ARCOM Orders

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 22 August 1975, and was trained in and awarded military occupational specialty (MOS) 11E (Armor Crewman).  His MOS was designated 19E on 1 March 1978.   

3.  The record shows the applicant was promoted to the rank and pay grade SP5/E-5 on 27 March 1978 in MOS 19E.  His DA Form 2-1 (Personnel Qualification Record-Part II) contains a lined out entry indicating he was laterally appointed to SGT.  His DA Form 2 (Personnel Qualification Record), dated 
15 January 1979, also lists his rank title as SP5 in item 9 (Grade).  

4.  The applicant’s Military Personnel Records Jacket (MPRJ) is void of lateral appointment orders to SGT.  The MPRJ contains a 1st Cavalry Division further assignment order, dated 10 January 1979, which lists his rank title as SGT.  All other documents and orders in the MPRJ that list his rank title list it as SP5.  This includes a Military Personnel Office (MILPO) verification document, dated 5 June 1979, and orders directing his release from active duty (REFRAD), dated 
18 June 1979, effective 21 August 1979.   

5.  The DA Form 2 contains the entry “8108” in item 63 (YR & MO GCMDL) and his MPRJ is void of derogatory information or a unit commander disqualification that would have precluded award of the AGCM upon completion of 3 years of active service on 21 August 1978.  

6.  The AGCM and ARCOM are not included in the list of awards contained in item 9 (Awards, Decorations and Campaigns) of his DA Form 2-1 and there are no AGCM or ARCOM orders on file in the MPRJ.  Item 9 does show he earned the Expert Marksmanship Qualification Badge with Hand Grenade and Pistol Bars, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  

7.  On 21 August 1979, the applicant was honorably REFRAD after completing 
4 years of active military service.  The DD Form 214 he was issued at the time lists only the Expert Marksmanship Qualification Badge with Hand Grenade and Pistol Bars as earned awards.  
8.  The applicant provides Headquarters, V Corps, Permanent Orders 5-6, dated 12 January 1979.  These orders awarded the applicant the ARCOM for meritorious service during the period 13 January 1976 to 1 January 1979.  

9.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains instructions for preparing the DD Form 214.  It states, in pertinent part, that the rank held on the date of separation and all awards earned during military service will be entered on the DD Form 214.  It further states only authorized awards contained in the Army awards regulation will be entered on the DD Form 214.  The Cold War Medal is not an authorized award listed in the Army awards regulation.   

10.  Army Regulation 600-8-22 (Military Awards) contains the Army’s awards policy.  Chapter 4 prescribes the policy for award of the AGCM.  It states, in pertinent part, that the AGCM 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, in which case a period of more than 1 year is a qualifying period.    Although there is no automatic entitlement to the AGCM, disqualification must be justified.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request to correct his DD Form 214 to show his rank as SGT; to show award of the AGCM, ARCOM, and Cold War Medal; and to be issued medal sets for these awards have been carefully considered and found to have partial merit.  

2.  The applicant provides official orders confirming he was awarded the ARCOM for meritorious service in Germany during the period 13 January 1976 to 
1 January 1979.  As a result, it would be appropriate to add this award to his 
DD Form 214.  

3.  The applicant’s record is void of any derogatory information or a unit commander disqualification that would have precluded award of the AGCM.  As a result, it would be appropriate to award the applicant the AGCM for his qualifying honorable active service from 22 August 1975 through 21 August 1978, and add this award to his DD Form 214.  Further, the applicant’s DA Form 2-1 shows he earned the Sharpshooter Marksmanship Qualification Badge with Rifle Bar that was not included on his DD Form 214.  Therefore, it would also be appropriate to add this badge to his DD Form 214.  

4.  In addition, the applicant should be issued the medal sets for all of his earned awards.  However, the Cold War Medal referred to by the applicant is not an authorized Army award; therefore, it is not authorized to be entered on the 
DD Form 214 or to be issued to him.   

5.  The applicant’s request to change the rank on his DD Form 214 to SGT has also been carefully considered.  However, the evidence of record confirms he held the rank title of SP5 at the time of separation, as evidenced by entries on his DA Form 2, DA Form 2-1, REFRAD orders, and MILPO verification document completed on 5 June 1979.  As a result, there is an insufficient evidentiary basis to support granting this portion of the requested relief. 

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.  awarding him the Army Good Conduct Medal for qualifying honorable active service from 22 August 1975 to 21 August 1978;
   
   b.  adding the Army Commendation Medal, Army Good Conduct Medal, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar to his DD Form 214; and
   
   c.  issuing him the medal sets for all earned awards.  



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 correction of his rank and adding the Cold War Medal on 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)                                         AR20120001082



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ABCMR Record of Proceedings (cont)                                         AR20120001082



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