IN THE CASE OF:	  

		BOARD DATE:  27 November 2012

		DOCKET NUMBER:  AR20120008772 


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 two awards of the Army Commendation Medal and a second award of the Army Good Conduct Medal. 

2.  The applicant states he served honorably and he was a model Soldier.  

3.  The applicant provides certificates and orders showing awards of the Army Commendation Medal.

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 records show he enlisted in the Regular Army on 20 October 1975 and he held military occupational specialty 11B (Infantryman). 
3.  He served through a reenlistment in a variety of stateside or overseas assignments, including Germany from November 1976 to May 1977 and from October 1978 to January 1982, and he attained the rank/grade of staff sergeant (SSG)/E-6.

4.  Permanent Orders 156-10, issued by Headquarters, 1st Cavalry Division, Fort Hood, TX, on 19 October 1977, awarded him the Drivers Badge with Track Vehicle Bar.

5.  Permanent Orders 20-1, issued by 176th Personnel Service Company, Germany, on 24 May 1979, awarded him the Army Good Conduct Medal (1st Award) for service from 20 October 1975 through 19 October 1978.

6.  Permanent Orders 131-24, issued by Headquarters, 1st Personnel Command, Germany, on 20 August 1980, awarded him the Army Commendation Medal for service from 5 April 1979 to 23 July 1980.

7.  Permanent Orders 17-7, issued by Headquarters, 2nd Armored Division (Forward), Germany, on 2 March 1982, awarded him the Army Commendation Medal (1st Oak Leaf Cluster) for service from 2 October 1978 to 20 February 1982. 

8.  His records do not contain permanent orders awarding him a second award of the Army Good Conduct Medal.  Additionally, his record is void of any derogatory information in the form of lost time, a record of nonjudicial punishment (NJP) or court-martial, or a disqualification memorandum from his commander. 

9.  Item 9 (Awards and Decorations) of his DA Form 2-1 (Personnel Qualification Record) does not list a second award of the Army Good Conduct Medal; however, it lists the Expert Marksmanship Qualification Badge with Rifle Bar.

10.  He was honorably discharged on 19 January 1982.  His DD Form 214, as amended by his DD Form 215 (Correction to DD Form 214) shows he completed 6 years, 2 months, and 29 days of active service with no lost time.  It also shows the:

* Good Conduct Medal
* Noncommissioned Officer Professional Development Ribbon
* Army Service Ribbon
* Overseas Service Ribbon


11.  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.  Permanent orders awarded the applicant two awards of the Army Commendation Medal neither of which is shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show both awards.  

2.  Permanent orders awarded him the Drivers Badge with Track Vehicle Bar which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this badge.

3.  He was awarded the Expert Marksmanship Qualification Badge with Rifle Bar which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this badge.

4.  The applicant was awarded his first award of the Army Good Conduct Medal from 20 October 1975 through 19 October 1978.  He continued to serve faithfully through January 1982 with no derogatory information in the form of NJP, lost time, or a record of a court-martial in his file.  In the absence of any derogatory information on file that would have disqualified him, it would be appropriate to award him a second award of the Army Good Conduct Medal based on completion of a qualifying period of active Army service and correcting his         DD Form 214 to show this award.

BOARD VOTE:

____X___  ____X___  ___X__ _  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was 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:

* awarding him the Army Good Conduct Medal (2nd Award) for the period 20 October 1978 through 19 October 1981 
* deleting from his DD Form 214 the entry "Good Conduct Medal"
* adding to his DD Form 214 the

* Army Good Conduct Medal (2nd Award)
* Army Commendation Medal (2nd Award)
* Drivers Badge with Track Vehicle Bar
* Expert Marksmanship Qualification Badge with Rifle Bar



      _______ _  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)                                         AR20120008772





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ABCMR Record of Proceedings (cont)                                         AR20120008772



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