BOARD DATE:	  23 January 2014

		DOCKET NUMBER:  AR20130009368 


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) for the period ending 12 January 2010 to show a previous award of the Army Good Conduct Medal (AGCM).

2.  The applicant states he was awarded the AGCM in 1992; however, it is not shown on his DD Form 214 for the period ending 12 January 2010.

3.  The applicant provides:

* his DD Form 214 for the period ending 12 January 2010
* DA Form 1577 (Authorization for Issuance of Awards), dated 30 March 1992
* DA Form 200 (Transmittal Record), dated 28 February 2013
* a photocopy of the AGCM packaging from a medal set previously mailed to him

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 Regular Army (RA) on 6 September 1977.  He completed his initial entry training and he was awarded military occupational specialty (MOS) 82G (Field Artillery Surveyor).

3.  On 5 September 1981, 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 4 years of creditable active service this period with no time lost.  The DD Form 214 he was issued does not show he was awarded or authorized the AGCM for this period of active duty.

4.  He served in the USAR through multiple periods of reenlistment or extension. On 29 October 1997, he was promoted to the rank/grade of sergeant major (SGM)/E-9.  Upon his promotion to SGM, he was awarded MOS 13Z (Field Artillery Senior Sergeant).  Concurrent with his promotion to SGM, he was appointed as a command sergeant major (CSM).

5.  On 5 August 1999, having completed the required years of qualifying reserve service, he received his Notification of Eligibility for Retired Pay at Age 60 (Twenty Year Letter).

6.  On 17 January 2003, he was ordered to active duty and mobilized in support of Operation Enduring Freedom.

7.  On 15 January 2005, he was honorably released from active duty and returned to the control of his USAR troop program unit (TPU) of assignment.  He completed 1 year, 11 months, and 29 days of net active service this period.  His DD Form 214 for this period of service shows he was awarded the AGCM; however, due to the lack of corresponding orders, it is unclear whether this entry reflects an AGCM received for this period of active duty or for his previous RA service.

8.  On 11 September 2008, he voluntarily transferred from his USAR TPU to Headquarters, 89th Regional Readiness Command, Wichita, KS, in an SGM position for the purpose of mobilization in support of Operation Iraqi Freedom (OIF).
9.  On 27 October 2008, he was ordered to active duty and mobilized in support of OIF.

10.  He served in Kuwait and Iraq during the period 30 November 2008 through
8 October 2009.

11.  On 12 January 2010, he was honorably released from active duty and returned to the control of the USAR.  He completed 1 year, 2 months, and 16 days of net active service this period, including 10 months and 9 days of foreign service.  The DD Form 214 for this period of service does not include his previous award of the AGCM.

12.  His record lacks any derogatory information that could have precluded him from being recommended for or awarded the AGCM.

13.  He provides a DA Form 1577, dated 30 March 1992, that shows the Army Reserve Personnel Center (ARPERCEN), St. Louis, MO, authorized the U.S. Army Support Activity, Philadelphia, PA, to issue an AGCM set to the applicant.  However, his record is void of orders that show he was awarded the AGCM for a qualifying period of active duty service prior to that date.

14.  Army Regulation 600-8-22 (Military Awards) provides that 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 of the first award ends with the termination of a period of Federal military service.  Following the first award of the AGCM, subsequent awards must meet the 3-year threshold of qualifying service.  Although there is no automatic entitlement to the AGCM, disqualification must be justified.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 for the period ending 12 January 2010 should be corrected to show his previous award of the AGCM.  He further contends he was awarded the AGCM in 1992 based on the DA Form 1577 he provided; however, his record is void of orders that awarded him the AGCM for a qualifying period of active service prior to that date.

2.  Nonetheless, his DD Form 214, for the period ending 15 January 2005, shows he was awarded or authorized the AGCM.  Due to the lack of corresponding orders, it is unclear whether this entry reflects an AGCM received for this period of active duty service, or if it reflects an AGCM awarded for his previous RA service.
3.  If he had been awarded the AGCM for his RA service he would not have been eligible for the AGCM for his 1 year of active duty USAR service.  However, in any case, it appears he was eligible for one award of the AGCM.

4.  His DD Form 214, for the period ending 12 January 2010, does not show he was awarded or authorized the AGCM.  The evidence of record indicates he was awarded the AGCM on at least one occasion, but this DD Form 214 for the period ending 12 January 2010 does not show this award.  Even though his record lacks clarifying orders for the AGCM, it would be appropriate at this time to correct his DD Form 214 for the period ending 12 January 2010 to show this award.

BOARD VOTE:

__X___  ___X_____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to his DD Form 214 for the period ending 12 January 2010 the Army Good Conduct Medal (1st Award)



      _________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)                                         AR20100009472



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ABCMR Record of Proceedings (cont)                                         AR20130009368



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