IN THE CASE OF:
BOARD DATE: 30 May 2013
DOCKET NUMBER: AR20120018386
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 award of the Army Good Conduct Medal and the National Defense Service Medal.
2. The applicant states "I have over 3 years of good service and no discipline. I had one discipline issue but it was well over 3 years time in service."
3. The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty).
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. On 1 April 1998, the applicant enlisted in the Regular Army. He completed training including parachute training and progressed normally to pay grade E-4.
3. He received a letter of reprimand for drunk driving on 16 December 2000.
4. He was enrolled in the Alcohol/Drug Abuse Prevention and Control Program (ADAPCP) Substance Abuse Rehabilitation Service (SARS) program and made mixed progress until 26 May 2001 when he was again arrested for driving while intoxicated. He was subsequently processed and separated, on 12 October 2001, with an honorable discharge for alcohol rehabilitation failure.
5. The authorized awards listed on his DD Form 214 are:
* Army Achievement Medal (3rd Award)
* Army Service Ribbon
* Expert Marksmanship Qualification Badge with Rifle Bar
* Parachutist Badge
6. Army Regulation 600-8-22 (Military Awards) states:
a. 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.
b. although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified. In instances of disqualification as determined by the unit commander, the commander will prepare a statement of the rationale for his or her decision. This statement will include the period of disqualification and will be referred to the individual concerned for response.
c. the unit commander will consider the individuals statement. If the commanders decision remains the same, the commander will forward his or her statement, the individuals statement, and his or her consideration for permanent filing in the individuals record. The immediate commanders decision to award the Army Good Conduct Medal will be based on his or her personal knowledge and of the individuals official records for pertinent periods under previous commanders. However, there is no right or entitlement to the medal until the immediate commander has approved the award and the award has been announced in permanent orders.
d. the National Defense Service Medal is awarded for honorable active duty service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.
7. Army Regulation 15-185 (Army Board for Correction of Military Records) sets forth the policy and procedure by which this Board operates. Paragraph 2-9 states the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence.
DISCUSSION AND CONCLUSIONS:
1. The applicant's first drunk driving offense occurred on 16 December 2000. This was 3 1/2 months before he finished his first 3 years of service.
2. While documents showing whether the prescribed disqualification procedures were followed are not contained in the available records, the Board must presume regularity. However, it appears the applicant did not qualify for the Army Good Conduct Medal.
3. He is eligible for the National Defense Service Medal by virtue of his active duty service subsequent to 11 September 2001.
4. In view of the foregoing findings and conclusions, it would be appropriate to correct the applicants records as recommended below.
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 the National Defense Service Medal to the authorized awards shown on 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 awarding him the Army Good Conduct Medal.
_______ _ _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) AR20120018386
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ABCMR Record of Proceedings (cont) AR20120018386
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