IN THE CASE OF:	  

		BOARD DATE:	  28 November 2012

		DOCKET NUMBER:  AR20120007960 


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:

* the Army Good Conduct Medal
* his secondary military occupational specialty (SMOS) 63C (Track Vehicle Mechanic)

2.  The applicant states he was eligible for award of the Army Good Conduct Medal which was not listed on his DD Form 214.  Additionally, his SMOS is also not listed. 

3.  The applicant does not provide any evidence.

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's complete service records are not available for review with this case.  The available records show he enlisted in the Regular Army on 5 June 1979.  He was assigned to A Battery, 1st Battalion, 77th Field Artillery Regiment, 1st Cavalry Division, Fort Hood, TX.

3.  On 29 August 1980, he accepted nonjudicial punishment under the provisions of Article 15 of the Uniform Code of Military Justice for disobeying a lawful order. 

4.  He was honorably released from active duty on 3 June 1982 by reason of completion of his required service and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining service obligation. 

5.  His DD Form 214 shows he completed 2 years, 11 months, and 29 days of creditable active service, of which 1 year, 2 months, and 29 days was foreign service, with no lost time and he was fully eligible to reenlist.  His DD Form 214 also shows in:

* Item11 (Primary Specialty Number, Title and Years and Months in Specialty) - "13B1O CANNON CREWMAN 2 YEARS AND 10 MONTHS"
* Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) - the

* Marksman Marksmanship Qualification Badge with Rifle Bar
* Sharpshooter Marksmanship Qualification Badge with Grenade Bar
* Army Service Ribbon
* Overseas Service Ribbon

6.  On 15 September 1982, he requested a transfer from the USAR Control Group (Reinforcement) to the 972nd Engineer Battalion, Fort Benjamin Harrison, IN.  He indicated that his MOS was 13B.

7.  On 6 May 1983, Headquarters, Fifth U.S. Army, Fort Sam Houston, TX, published official orders reassigning him from the 972nd Engineer Battalion back to the USAR Control Group (Reinforcement).

8.  His available records do not show he was awarded SMOS 63C.  There is no indication he completed any training courses during this period of active service.

9.  His records also do not contain official orders awarding him the Army Good Conduct Medal.  Additionally, a review of his record shows no other derogatory information or a commander's disqualification that would preclude awarding the first award of the Army Good Conduct Medal.

10.  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.  Any one of the following periods of continuous enlisted active Federal military service qualifies for award:

	a.  For first award only, upon termination of service on or after 27 June 1950 of less than 3 years, but more than 1 year.

	b.  For first award only, upon termination of service, on or after 27 June 1950, of less than 1 year when final separation was by reason of physical disability incurred in line of duty

11.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of their military service.  It is important that information entered on the form should be complete and accurate.  Chapter 2 contains guidance on the preparation of the DD Form 214.  The version in effect at the time stated:

* Item 11 shows the primary specialty, title, and number of years/months in specialty; it also shows any additional specialties involving periods of one year or more
* Item 13 shows awards and decorations for all periods of service in the priority sequence and verified by the Soldier’s record

DISCUSSION AND CONCLUSIONS:

1.  With respect to the Army Good Conduct Medal:

	a.  He served honorably on active duty in the Regular Army from 5 June 1979 through 3 June 1982.  He completed 2 years, 11 months, and 29 days of creditable active service and his service was terminated by completion of his required service.  He received NJP for a minor offense. 

	b.  In the absence of any other derogatory information on file that would have disqualified him, it would be appropriate to award him the first award of the Army Good Conduct Medal (1st Award) based on completion of a qualifying period of active Army service and correcting his DD Form 214 to show this award.

2.  With respect to the SMOS, the available record shows at the time of separation he held MOS 13B.   There is no evidence that shows he was awarded SMOS 63C during the period covered by his DD Form 214.  In the absence of evidence such as MOS orders or other documentary evidence, this MOS should not be added in item 11 of his DD Form 214. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x____  ____x___  ____x___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined 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 awarding him the Army Good Conduct Medal (1st Award) for the period 5 June 1979 through 3 June 1982 and adding it to his DD Form 214. 

2.  The Board further determined 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 the SMOS of 63C.



      _______ _   __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)                                         AR20120007960





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ABCMR Record of Proceedings (cont)                                         AR20120007960



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