IN THE CASE OF:
BOARD DATE: 11 September 2012
DOCKET NUMBER: AR20120005300
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) for the period ending 14 January 1981 to show two awards of the Army Commendation Medal (ARCOM) and three awards of the Army Good Conduct Medal (AGCM).
2. The applicant states he desires his DD Form 214 to show these awards.
3. The applicant provides no additional documents with his application.
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 enlisted in the Regular Army on 11 February 1972 for a period of 3 years, training in military occupational specialty 19E as an armor crewman, and assignment to Europe. He completed his basic training at Fort Dix, NJ and his advanced individual training at Fort Knox, KY before being transferred to Germany on 7 July 1972.
3. On 21 January 1975, while stationed at Fort Bliss, TX, he reenlisted for a period of 6 years, assignment to Fort Carson, CO and a selective reenlistment bonus. He was promoted to the pay grade of E-6 on 29 November 1978.
4. His record shows he was awarded the:
* ARCOM on 1 November 1975 for meritorious service during the period of 15 April 1977 through 15 May 1978
* AGCM (1st Award) for the period 11 February 1972 through 10 February 1975
* AGCM (2nd Award) for the period 11 February 1975 through 10 February 1978
5. On 14 January 1981, he was honorably discharged under the provisions of Army Regulation 635-200 (Personnel Separations Enlisted Personnel), paragraph 5-12, due to the short length of time remaining on active duty that precludes reassignment. He completed 8 years, 11 months, and 4 days of creditable active service.
6. Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, Army Good Conduct Medal, service medals and ribbons, combat and special skill badges and tabs, unit decorations, and trophies, and similar devices awarded in recognition of accomplishments. It states:
a. There is no automatic entitlement to an award upon departure either from an assignment or from the service.
b. The ARCOM may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.
c. 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.
DISCUSSION AND CONCLUSIONS:
1. There is no evidence of record and the applicant did not provide any evidence that shows he was awarded a second award of the ARCOM. Therefore, in the absence of orders awarding him an additional award of the ARCOM, there is no basis for granting this portion of his request.
2. The applicant was awarded his first award of the AGCM for the period
11 February 1972 through 10 February 1975. Subsequent awards of the AGCM are in 3-year increments. As such, he was awarded his second award for the period 11 February 1975 through 10 February 1978. However, a third award of the AGCM would have covered the period 11 February 1978 through
10 February 1981. Since he was honorably discharged on 14 January 1981, he was 27 days short of reaching eligibility for an additional award of the AGCM. Therefore, there is no basis for granting this portion of his request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X____ ____X____ ___X_____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
___________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) AR20120005300
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ABCMR Record of Proceedings (cont) AR20120005300
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