IN THE CASE OF:	  

		BOARD DATE:	  11 July 2013

		DOCKET NUMBER:  AR20120021626 


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:

	a.  award of the Army Good Conduct Medal, Humanitarian Service Medal (HSM), and Sharpshooter Marksmanship Qualification Badge for the light anti-tank weapon (LAW), and

	b.  his year of birth as 1957.

2.  The applicant states:

	a.  His DD Form 214 doesn't reflect the Army Good Conduct Medal, his HSM, or his Sharpshooter qualification status with the LAW.

	b.  His DOB is 1957 not 1951.

	c.  He was told during out-processing that corrected copies would be sent, but to the best of his knowledge they were never sent.

	d.  There may be other unit citations which he is not aware of.

	e.  He received the Army Good Conduct Medal from his commanding officer in a small ceremony with three others shortly before leaving the service.  His unit was awarded the HSM for guarding Cuban refugees at Fort Chaffee, AR.

3.  The applicant provides a copy of his DD Form 214.

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 Defense Investigative Service (DIS) Form 1 (Department of Defense – DIS Standard System Document), dated 20 January 1978, shows his date of birth (DOB) as 18 June 1957.

3.  He enlisted in the Regular Army on 1 March 1978 for a period of 3 years.  He completed his training and was awarded military occupational specialty 63Y (track vehicle mechanic).  On 27 February 1981, he was released from active duty in the rank of specialist after completing 2 years, 11 months, and 27 days of creditable active duty with no lost time.

4.  Item 5 (DOB) of his DD Form 214 shows his DOB as 18 June 1951.  His DD Form 214 also shows the Sharpshooter Marksmanship Qualification Badge with Rifle Bar and 1st Class Gunner (currently known as Sharpshooter) with Hand Grenade Bar as authorized awards.

5.  There is no evidence to show he received the first award of the Army Good Conduct Medal.  There is no evidence of any disciplinary action or a commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal.
 
6.  There is no evidence which shows he participated in a Department of Defense-approved significant military act or operation of a humanitarian nature.

7.  There are no orders for a marksmanship qualification badge for the LAW in the available records.

8.  Item 9 (Awards, Decorations, and Campaigns) of his DA Form 2-1 (Personnel Qualification Record – Part II) shows he qualified as:

* Sharpshooter with the M-16 rifle
* Sharpshooter with the hand grenade

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 600-8-22 states the HSM is awarded to members who, after 1 April 1975, distinguished themselves by meritorious direct participation in a Department of Defense approved significant military act or operation of a humanitarian nature.  A service member must be on active duty at the time of direct participation, must have directly participated in the humanitarian act or operation within the designated geographical area of operation and within specified time limits, and must provide evidence that substantiates direct participation.  Appendix C (Department of Defense and Department of the Army HSM Operations) shows the HSM was approved for Operation New Life/New Arrivals for service in/at Guam, Fort Chaffee, and Fort Indiantown Gap during the period 1 April-20 December 1975.

11.  Army Regulation 600-8-22 sets forth requirements for award of basic marksmanship qualification badges.  The qualification badge is awarded to indicate the degree – Expert, Sharpshooter, and Marksman – in which an individual has qualified in a prescribed record course.  An appropriate bar is furnished to denote each weapon with which the individual has qualified.  Table 8-2 (Weapons for Which Component Bars are Authorized) does not show the LAW as having an authorized component bar.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was honorably released from active duty in the rank of specialist with almost 3 years of total active service and no lost time.  He had no record of any disciplinary actions or a commander's disqualification.  It appears he met the eligibility criteria for the first award of the Army Good Conduct Medal for the period 1 March 1978 through 27 February 1981 based on completion of a period of qualifying service ending with the termination of a period of Federal military service, and he states he was awarded it.  Therefore, his DD Form 214 should be corrected to show this award.

2.  His contention that his unit was awarded the HSM for guarding Cuban refugees at Fort Chaffee, AR, was noted.  Appendix C of Army Regulation 
600-8-22 shows the HSM was approved for Operation New Life/New Arrivals for service at Fort Chaffee during the period 1 April-20 December 1975.  However, he did not enter military service until 1 March 1978.  Therefore, he is not authorized award of the HSM or its addition to his DD Form 214.

3.  There is no evidence of record and he provided no evidence which shows he was awarded the Sharpshooter Marksmanship Qualification Badge for the LAW.  Further, Army Regulation 600-8-22 does not show the LAW as having an authorized component bar.  Therefore, there is insufficient evidence on which to base adding this marksmanship qualification badge to his DD Form 214.

4.  He contends he was born in 1957 and his DIS Form 1, dated 20 January 1978, supports this contention.  Therefore, it would be appropriate to correct item 5 of his DD Form 214 to show his DOB as 18 June 1957.

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 is 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 award of the Army Good Conduct Medal (1st Award) to his DD Form 214
* deleting the current entry from item 5 of his DD Form 214 and replacing it with the entry "570618"


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 adding award of the HSM or Sharpshooter Marksmanship Qualification Badge for the LAW 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)                                         AR20120021626



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ABCMR Record of Proceedings (cont)                                         AR20120021626



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