IN THE CASE OF:	  

		BOARD DATE:  9 July 2013

		DOCKET NUMBER:  AR20120021686 


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 the:

* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Army Good Conduct Medal
* Army Achievement Medal (2nd Award)
* Army Commendation Medal
* Meritorious Service Medal

2.  He also requests the issuance of all his awards, medals, and badges. 

3.  The applicant states his DD Form 214 does not list all of the awards he earned on active duty.  Additionally, he has none of the medals.  He understands that the medals should have been given to him. 

4.  The applicant provides:

* Letter from the Department of Veterans Affairs
* DD Forms 214 ending on 27 January 1964 and 31 August 1992
* Special Orders (SO) Number 184, dated 17 September 1962
* Certificate for award of the Army Good Conduct Medal (2 October 1980 through 1 October 1983)
* Permanent Order (PO) 06-07, dated 26 April 1991, awarding him the Army Achievement Medal
* Certificate, dated 22 June 1990, and PO 14-3, dated 20 June 1990, awarding him the Army Achievement Medal
* PO 37-13, dated 8 April 1992, awarding him the Meritorious Service Medal
* PO Number 156-3 and certificate, dated 5 June 1997, awarding him the Army Commendation Medal
* DA Form 638 (Recommendation for Award), dated 23 April 1991

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 17 February 1961 and he held military occupational specialty 133.6668 (Armor Intelligence Specialist).  He served in Germany from 16 June 1961 to 17 February 1964.  He was credited with a completed tour.

3.  On 27 January 1964, he was honorably released from active duty in the rank/grade of sergeant (SGT)/E-5 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining service obligation.  He completed 2 years, 11 months, and 11 days of active service with no lost time.  His DD Form 214 for this period of service does not list any awards. 

4.  He enlisted in the USAR on 13 August 1975 and entered active duty in an Active Guard Reserve status on the same date.  He served through multiple extensions or reenlistments in the USAR.  He attained the rank/grade of sergeant first class (SFC)/E-7.  

5.  He retired on 31 August 1992 and he was placed on the Retired List in his retired rank/grade of SFC/E-7 on 1 September 1992.  He completed 17 years and 18 days of active service during this period and 3 years, 3 months, and 
26 days of prior active service.  His DD Form 214 shows the:

* National Defense Service Medal
* Army Good Conduct Medal (3rd Award)
* Armed Forces Reserve Medal
* Army Reserve Components Achievement Medal
* Army Service Ribbon
* Noncommissioned Officer Professional Development Ribbon
* Army Achievement Medal (1st Oak Leaf Cluster)
* Gold Recruiter Badge with three Sapphire Achievement Stars

6.  His records contain:

	a.  PO 208-4, issued by Headquarters, Fort Sam Houston, TX, on 8 December 1983, awarding him the Army Good Conduct Medal for the period 2 October 1980 through 1 October 1983.

	b.  PO 147-3, issued by Headquarters, Fort Sam Houston, TX, on 27 October 1986, awarding him the Army Good Conduct Medal (2nd Award), for the period 2 October 1983 through 1 October 1986.

	c.  PO 102-6, issued by Headquarters, Fifth U.S. Army, Fort Sam Houston, TX, on 3 October 1989, awarding him the Army Good Conduct Medal (3rd Award), for the period 2 October 1986 through 1 October 1989.

	d.  PO 14-3, issued by the U.S. Army Recruiting Battalion, New Cumberland, PA, on 20 June 1990, awarded him the Army Achievement Medal for service from 1 March to 22 June 1990.

	e.  PO 11-11, issued by the U.S. Army Recruiting Battalion, San Antonio, TX, on 5 November 1990, awarded him the Army Achievement Medal for service from 1 October 1989 to 30 September 1990.

7.  He provides:

	a.  SO Number 184, issued by the 3rd Reconnaissance Squadron, 12th Cavalry, Germany, on 17 September 1962, awarding him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

	b.  A certificate awarding him the Army Good Conduct Medal, for the period 2 October 1980 through 1 October 1983.

	c.  PO 05-07 and DA Form 638, issued by Headquarters, San Antonio Recruiting Battalion, San Antonio, TX, on 26 April 1991, awarding him the Army Achievement Medal for service from 1 August 1990 to 30 March 1991.
	d.  PO Number 14-3 and a certificate, dated 22 June 1990, showing award of the Army Achievement Medal for achievement from 1 March 1990 through 22 June 1990.  

	e.  PO Number 156-3 and certificate, dated 5 June 1997, awarding him the Army Commendation Medal for service from 31 January 1986 to 30 January 1996. 

	f.  PO 37-13, issued by the U.S. Army Recruiting Battalion, San Antonio, TX, on 8 April 1992, awarding him the Meritorious Service Medal for service from 1 September 1982 to 31 August 1992.

8.  Army Regulation 600-8-22 (Military Awards) states:

	a.  The National Defense Service Medal is awarded for honorable active 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.  Second and subsequent awards of the National Defense Service Medal are denoted by a bronze service star affixed to the National Defense Service Medal.

	b.  The Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.  The award may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an Active Army status on or after 1 August 1981

9.  Army Regulation 672-5-1 (Awards), in effect during the Vietnam War era, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 
27 August 1940; for first award only, 1 year served entirely during the period 
7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  There must have been no convictions by a court-martial.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.

10.  Army Regulation 600-8-22, currently in effect, 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.  

11.  Paragraph 4-2b of Army Regulation 600-8-22 states AGR enlisted personnel serving on extended periods of active duty (other than for training) under titles 10 and 32, U.S. Code are eligible for award of the Army Good Conduct Medal for qualifying service beginning on or after 1 September 1982, provided no period of the service has been duplicated by the same period of service for which the Soldier has been awarded the Army Reserve Components Achievement Medal.

DISCUSSION AND CONCLUSIONS:

1.  SO awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this badge. 

2.  With respect to the Army Achievement Medal, his service records contain two sets of PO (PO 14-3 and PO 11-11) awarding him two awards of the Army Achievement Medal.  He also provides a third set of orders (PO 05-07) awarding him the Army Achievement Medal.  Altogether, he was awarded three awards of the Army Achievement Medal.  His DD Form 214 reflects only two (1st Oak Leaf Cluster).  Therefore, he is entitled to correction of his DD Form 214 to show three awards of the Army Achievement Medal. 

3.  With respect to the Army Commendation Medal and the Meritorious Service Medal, his service records do not contain evidence of either award.  However:

	a.  He provides PO Number 156-3 and a certificate, dated 5 June 1997, awarding him the Army Commendation Medal for service from 31 January 1986 to 30 January 1996.  This appears to be a retirement award but the period covered ends some 4 years after his retirement date.  

	b.  He also provides PO 37-13, issued by the U.S. Army Recruiting Battalion, San Antonio, TX, on 8 April 1992, awarding him the Meritorious Service Medal for service from 1 September 1982 to 31 August 1992.  This also appears to be a retirement award and it is more consistent with his military service.

	c.  He is entitled to correction of his DD Form 214 to only show the Meritorious Service Medal since the Army Commendation Medal appears to cover an incorrect as well as an overlapping period of service.  By regulation, only one decoration will be awarded to an individual for the same act, achievement, or period of meritorious service.

4.  He served on active duty from 17 February 1961 to 27 January 1964 and from 13 August 1975 to 31 August 1992.  The National Defense Service Medal was authorized during both periods of service.  His DD Form 214 should be corrected to show two awards of the National Defense Service Medal. 

5.  He completed an overseas tour in Germany from 16 June 1961 to 17 February 1964.  He was credited with a completed tour.  Although this period occurred prior to the creation the Overseas Service Ribbon in 1981, since he was in an active status after 1981, he qualifies for this award.  Therefore, he is entitled to award of the Overseas Service Ribbon and correction of his DD Form 214 to show it. 

6.  With respect to the Army Good Conduct Medal:

	a.  He initially served on active duty from 17 February 1961 through 27 January 1964.  He completed 2 years, 11 months, and 11 days of active service with no lost time.  Although his conduct and efficiency ratings can't be determined from the available evidence, given his honorable service, foreign service tour completion, attainment of the rank/grade of SGT/E-5, and near completion of his enlistment contract, and since his records contain no derogatory information that would have disqualified him from receiving the first award of the Army Good Conduct Medal; therefore, it would be appropriate to award the applicant the Army Good Conduct Medal for this period of service. 

	b.  He entered active duty on 13 August 1975 and served continuously through 31 August 1992.  His first award of the Army Good Conduct Medal began in December 1983, covering the period 2 October 1980 through 1 October 1983.  

	c.  After having qualified for his first award during the period 17 February 1961 through 27 January 1964, he should have qualified for the second award beginning on 1 September 1982 (the date AGR Soldiers became eligible for the Army Good Conduct Medal) through 31 August 1985 and every 3 years thereafter, i.e., third award, 1 September 1985 through 31 August 1988; and fourth award, 1 September 1988 through 31 August 1991.  He would not have qualified for a fifth award from 1 September 1991 through 31 August 1992 (date he retired) because the period was less than 3 years. 

	d.  It is impractical to revoke, amend, rescind, or recreate multiple awards of the Army Good Conduct Medal at this stage.  However, it would most certainly be appropriate to correct his DD Form 214 to show the Army Good Conduct Medal (4th Award). 

7.  The ABCMR corrects records; the Board does not issue medals or badges.  Any questions or concerns regarding replacement medals and badges should be referred to the appropriate agency.  Requests for the issuance or replacement of military service medals, decorations, awards, badges, and corresponding accouterments should be directed to the specific branch of the military in which the veteran served.  For Army personnel, the National Personnel Records Center will verify the awards to which a veteran is entitled and forward the request with the verification to the appropriate service department for issuance of the medals. Written requests with appropriate supporting evidence may be addressed to the National Personnel Records Center, ATTN:  Army Reference Branch, 1 Archives Drive, St. Louis, MO 63138.  Once verified, the replacement medals and devices are shipped to the veteran by the U.S. Army Tank Automotive and Armaments Command (TACOM), Clothing and Heraldry (PSID), Post Office Box 57997, Philadelphia, PA 19111.

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.  deleting from his DD Form 214, ending on 31 August 1992, the National Defense Service Medal, Army Achievement Medal (1st Oak Leaf Cluster), and the Army Good Conduct Medal; and

   b.  adding to his DD Form 214 the:

* Meritorious Service Medal
* Army Achievement Medal (3rd Award)
* National Defense Service Medal (2nd Award)
* Overseas Service Ribbon
* Army Good Conduct Medal (4th Award)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)

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 Commendation 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)                                         AR20120021686



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ABCMR Record of Proceedings (cont)                                         AR20120021686



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