IN THE CASE OF:
BOARD DATE: 19 September 2013
DOCKET NUMBER: AR20130002330
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 Service Ribbon (ASR), National Defense Service Medal (NDSM), and Army Good Conduct Medal (AGCM) "with oak leaf cluster" (interpreted to mean a second award).
2. The applicant states his DD Form 214 should reflect award of the ASR, NDSM, and AGCM (2nd Award) so that it properly reflects his service.
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 enlisted in the Indiana Army National Guard (INARNG) on 10 May 1976. He was ordered to initial active duty for training (IADT) on 16 July 1976. He completed IADT as a radio teletype operator and was honorably released from active duty on 11 December 1976.
3. On 6 June 1979, he was involuntarily ordered to active duty due to his failure to enlist in the Reserve Component after obtaining a conditional release from the INARNG. He was assigned to Fort Stewart, Georgia.
4. On 18 October 1979, nonjudicial punishment was imposed against the applicant for being absent without leave (AWOL) from 9 July to 9 September 1979 (62 days).
5. On 6 February 1981, he was honorably released from active duty (REFRAD) due to completion of required service and was transferred to the U.S. Army Reserve Control Group (Annual Training). His DD Form 214 issued at the time of his REFRAD shows his only awards as his marksmanship badges.
6. Army Regulation 600-8-22 (Military Awards) states the ASR 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 upon successful completion of initial entry training. The award may be awarded retroactively to those personnel who completed the required training before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.
7. Army Regulation 600-8-22 states the NDSM 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.
8. Army Regulation 600-8-22 states the AGCM 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. 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. A bronze clasp with loops is authorized for wear on the AGCM to denote a second or subsequent awards.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DD Form 214 should reflects awards of the ASR and NDSM has been noted and appears to lack merit. The applicant did not serve during a qualifying period for either of those awards.
2. In regard to his contention that his DD Form 214 should reflect the AGCM (2nd Award), there are no orders in his official records showing he was ever awarded the AGCM and, given that he had 62 days of AWOL during his 18 months of service, it does not appear that he distinguished himself by his conduct, efficiency, and fidelity during this period. Accordingly, there appears to be no basis to award him an AGCM or to correct his DD Form 214 to show he was ever awarded an AGCM.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X____ ___X___ ___X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
__________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) AR20130002330
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ABCMR Record of Proceedings (cont) AR20130002330
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