IN THE CASE OF:	  

		BOARD DATE:	  6 December 2012

		DOCKET NUMBER:  AR20120009573 


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 award of the Army Commendation Medal, Army Good Conduct Medal, and Cold War Recognition Certificate.

2.  The applicant states that it has become very important to him that his military records correctly reflect his honorable military service.

3.  The applicant provides a copy of his DD Form 214, two award orders, and a certificate of recognition in support of his request.

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 had prior enlisted service in the Army National Guard of the United States from 8 February through 28 July 1976 and then in the U.S. Army Reserve (USAR) from 29 July through 1 December 1976.

3.  The applicant enlisted in the Regular Army on 2 December 1976 for a period of 3 years.  He was awarded military occupational specialty 11B (Infantryman).

4.  His DA Form 2-1 (Personnel Qualification Record) shows in:

	a.  item 31 (Foreign Service):  Germany - 12 April 1977 through 8 April 1979; and

	b.  item 9 (Awards, Decorations and Campaigns):

* Army Good Conduct Medal
* Marksman Marksmanship Qualification Badge with Rifle (M-16) Bar

5.  The applicant's DD Form 214 shows he was honorably released from active duty on 30 November 1979 based on completion of required service and transferred to the USAR Control Group (Reinforcement) to complete his Reserve obligation.

	a.  He had completed 2 years, 11 months, and 29 days of net active service that included 1 year, 11 months, and 27 days of foreign service.

	b.  Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the:

* Marksman Marksmanship Qualification Badge with Rifle (M-16) Bar
* Army Good Conduct Medal

6.  In support of his application the applicant provides the following documents:

   a.  Headquarters, 8th Infantry Division, Permanent Orders 72-7, dated 
18 June 1979, that awarded the applicant the Army Commendation Medal for meritorious service for the period 18 April 1977 to 7 April 1979;

   b.  Headquarters, 101st Airborne Division (Air Assault), Fort Campbell, Kentucky, Permanent Orders 302-013, dated 29 October 1979, that awarded the applicant the Army Good Conduct Medal (1st Award) for the period 2 December 1976 through 30 November 1979; and

   c.  DD Form 2774 (Certificate of Recognition) that shows the applicant was recognized for his service during the period of the Cold War (2 September 1945 to 26 December 1991) in promoting peace and stability for the Nation.

7.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.  Chapter 10 (Certificates, Memorandums, and Letters) provides policies and procedures governing eligibility criteria and issuance of various certificates and letters.  It lists the award certificates for the U.S. Army's individual awards and decorations.  It also lists other certificates that are not categorized as individual awards, which includes the Cold War Recognition Certificate.

8.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time of the applicant's separation from active duty, prescribed 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 established standardized policy for preparing and distributing the DD Form 214.  

   a.  Table 2-1 (DD Form 214 Preparation Instructions) contains item-by-item instructions for completing the DD Form 214.

   b.  The instructions for item 13 state that entries will be for all periods of service.  Check the Soldier's military service records for the validity of awards.  Do not abbreviate when listing the entries.  List the award entries in order of precedence.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of the Army Commendation Medal, Army Good Conduct Medal, and Cold War Recognition Certificate.

2.  The evidence of record shows that the Cold War Recognition Certificate is not categorized as an individual award to be entered in item 13 of the DD Form 214.  Therefore, the applicant is not entitled to correction of his DD Form 214 to show the certificate.

3.  Permanent orders awarded the applicant the Army Commendation Medal and the Army Good Conduct Medal.

   a.  The applicant's DD Form 214 already shows the Army Good Conduct Medal; however, it does not show the Army Commendation Medal.

   b.  Therefore, it would be appropriate to correct his DD Form 214 to show the Army Commendation Medal.

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 adding to item 13 of his DD Form 214 the Army Commendation Medal.

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 the Army Good Conduct Medal because it is already on his DD Form 214 and the Cold War Recognition Certificate because it is not authorized to be recorded on the 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)                                         AR20120009573



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ABCMR Record of Proceedings (cont)                                         AR20120009573



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