IN THE CASE OF:	  

		BOARD DATE:  13 November 2012

		DOCKET NUMBER:  AR20120008956 


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:

* Army Good Conduct Medal
* 3 Army Achievement Medals
* Nuclear, Biological, and Chemical (NBC) Officer/Noncommissioned Officer (NCO) Defense Course
* Certificate of Achievement

2.  The applicant states he did not do anything to disqualify himself for award of the Army Good Conduct Medal throughout his first three years of service.  

3.  The applicant provides:

* DD Form 256A (Honorable Discharge)
* DA Form 5689 (U.S. Army Oath of Reenlistment)
* Permanent Order Number 229-5
* Permanent Order Number 191-1
* Permanent Order Number 344-03
* DA Form 2442 (Certificate of Achievement) 
* DA Form 87 (Certificate of Training)




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 for 3 years on 22 September 1998. He completed training and he was awarded military occupational specialty 11B (Infantryman).  On 4 May 2001, he reenlisted for 4 years in the rank/grade of specialist/E-4.  The highest rank/grade he attained while serving on active duty was specialist /E-4.

3.  Permanent Orders Number 229-5 issued by Headquarters, 3d Battalion, 82nd Airborne Division, dated 17 August 1999, awarded him the Army Achievement Medal for the period 5 through 31 July 1999.

4.  Permanent Orders Number 191-1 issued by Headquarters, 3d Battalion, 505th Parachute Infantry Regiment, dated 5 July 2001, awarded him the Army Achievement Medal for the period 20 April 1999 through 7 August 2001.

5.  Permanent Orders Number 344-03 issued by Headquarters, 2nd Battalion, 5th Infantry Regiment, dated 10 December 2002, awarded him the Army Achievement Medal for the period 13 through 23 November 2002.

6.  On 30 January 2004, the applicant was discharged under the provisions of Army Regulation 635-200 (Personnel Separations), paragraph 14-12c(2), chapter 14 for misconduct and issued a general discharge certificate.  The DD Form 214 he was issued shows he completed 5 years, 4 months, and 5 days of creditable active service with lost time for the period 13 through 16 May 2003.  In addition, his DD Form 214 shows:

* Item 13 (Decorations, Medals, Badgers, Citations and Campaign Ribbons Awarded or Authorized) award of the National Defense Service Medal, Army Service Ribbon, Overseas Service Ribbon, Expert Marksmanship Qualification Badge with Rifle Bar, Expert Infantryman Badge, Parachutist Badge, and Air Assault Badge
* Item 14 (Military Education) entries for completing the Infantryman, Air Assault, and Basic Airborne courses

7.  His record does not contain a record of a commander's disqualification for award of the Army Good Conduct Medal or any derogatory information.

8.  The applicant provided a Department of the Army Certificate of Training, undated, stating that he successfully completed the 80-hour "NBC Officer/NCO Defense Course" from 3 through 14 June 2002.  He also submitted a copy of a certificate of achievement that shows he was recognized for outstanding performance of his duties during the brigade/battalion command inspection program.

9.  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.

10.  Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214.  It provides that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  The entry (course Title, number of weeks, and month and year completed) in Item 14 shows formal in-service (full-time attendance) training courses successfully completed during the period covered by the DD Form 214.  This information is intended to assist the Soldier in job placement and counseling; therefore, training course for combat skills are not to be listed.

11.  Army Regulation 600-8-22 provides for the issuance of certificates of achievement.  It states that commanders may recognize periods of faithful service, acts, or achievements which do not meet the standards required for decorations by issuing to individual U.S. military personnel a DA Form 2442 or a certificate of achievement of local design.  Certificates of achievement will be issued under such regulations as the local commander may prescribe.  If a locally-designed certificate of achievement is printed for use according to this regulation, it may bear reproductions of insignia.  The citation on such certificates will not be worded so that the act or service performed appears to warrant the award of a decoration.  No distinguishing device is authorized for wear to indicate the receipt of a certificate of achievement.  Copies of certificates of achievement or memoranda of record stating that a certificate of achievement has been awarded and citing the service recognized will be distributed to the Army Military Human Resource Record (AMHRR).

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request to correct his DD Form 214 to show award of the Army Good Conduct Medal, 3 Army Achievement Medals, the NBC Officer/NCO Defense Course, and a Certificate of Achievement has been carefully examined and found to have partial merit.

2.  The applicant's records clearly show that, except at the end of his service, he distinguished himself in the performance of his military service as evidenced by attaining the rank of specialist and receiving several personal awards and decorations.  Furthermore, he completed his first 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 Army Good Conduct Medal for his service was an oversight.  Accordingly, he should be awarded this medal and it should be added to his DD Form 214.

3.  The certificate provided by the applicant for completion of an 80-hour NBC Officer/NCO Defense Course sufficiently shows he successfully completed this training.  Therefore, his DD Form 214 should be corrected to show this training course.

4.  Permanent orders awarded him 3 Army Achievement Medals.  Therefore, his DD Form 214 should be corrected to show these awards.

5.  As the regulation states, commanders may recognize acts, achievements, or periods of faithful service which do not meet the standards required for decorations by issuing a DA Form 2442 or a certificate of achievement of local design.  Although copies of certificates of achievement or memoranda of record stating that a certificate of achievement has been awarded are filed in the AMHRR, there is no provision to list a certificate of achievement on the 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 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 (1st Award) for the period 22 September 1998 to 21 September 2001; 

	b.  adding the Army Good Conduct Medal and Army Achievement Medal    (3rd Award) to item 13 of his DD Form 214; and 

   c.  adding the NBC Officer/NCO Defense Course to item 14 of his DD Form 214.

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 adding the certificate of achievement 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)                                         AR20120008956



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ABCMR Record of Proceedings (cont)                                         AR20120008956



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