IN THE CASE OF:	  

		BOARD DATE:	  17 April 2014

		DOCKET NUMBER:  AR20130013253 


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 Army Achievement Medal and issuance of the medal. 

2.  The applicant states due to his early release and the time award was granted to discharge from last duty station, there was not enough time to get the award documented on his DD Form 214. 

3.  The applicant provides a certificate showing award of the Army Achievement Medal. 

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 for 2 years on 19 August 1982.  He completed basic combat and advanced individual training and he was awarded military occupational specialty 13B (Cannon Crewman).  

3.  He served in Germany from 2 December 1982 to 15 July 1984.  He was assigned to A Battery, 1st Battalion, 18th Field Artillery.  

4.  He was honorably released from active duty in the rank/grade of specialist four (SP4)/E-4 on 18 August 1984 by reason of completion of his required service.  He completed 2 years of active duty with no lost time and he was fully eligible to reenlist.  His DD Form 214 show she was awarded or authorized the:

* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Expert Marksmanship Qualification Badge with Grenade Bar
* Army Service Ribbon
* Overseas Service Ribbon

5.  He submitted a certificate, dated 11 July 1984, signed by lieutenant colonel (LTC) J. R. M----y, Field Artillery, awarding the applicant the Army Achievement Medal for outstanding achievement from 1 September 1983 to 14 July 1984, while assigned to A Battery, 1st Battalion, 18th Field Artillery.  

6.  A review of historical records of the 1st Battalion, 18th Field Artillery, indicates LTC J. R. M----y (now a retired colonel) was the commander of the 1st Battalion, 18th Field Artillery during the period in question. 

7.  The applicant's records do not contain permanent orders confirming his award of the Army Achievement Medal and the award is not listed on his DA Form 2-1 (Personnel Qualification Record - Part II). 

8.  Army Regulation 600-8-19 (Military Awards) states the Army Achievement Medal is awarded to any member of the Armed Forces of the United States who, while serving in a noncombat area on or after 1 August 1981, distinguished himself or herself by meritorious service or achievement.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

9.  The applicant's records do not contain official orders awarding him the Army Good Conduct Medal (1st Award).  His records also do not contain any derogatory information in the form of lost time, conviction by a court-martial, and/or suspension of favorable personnel.

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.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's records do not contain permanent orders awarding him the Army Achievement Medal.  However, he provides a certificate that shows he was awarded this medal by LTC J. R. M----y, Commander, 1st Battalion, 18th Field Artillery.  The Army did not place the permanent orders on the certificate during the period in question.  However, the duration of the award, the applicant's achievements, and the signature authority are all consistent with his period of service.  Therefore, as a matter of equity, he is entitled to this award and correction of his DD Form 214 to show it. 

2.  The evidence of record confirms he served honorably on active duty during the period 19 August 1982 through 18 August 1984.  He completed 2 years of active service, attained the rank/grade of SP4/E-4, and he was fully eligible to reenlist at the time of his release from active duty.  His records contain no derogatory information or evidence that shows he was denied award of the Good Conduct Medal.  Therefore, it would be appropriate to award the applicant the first award of the Good Conduct Medal and to correct his DD Form 214 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 that the evidence presented was 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:
* awarding him the Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 19 August 1982 through 18 August 1984
* adding to his DD Form 214 the Army Good Conduct Medal (1st Award) and Army Achievement Medal (2nd Award)
* issuing him the two medals



      _______ _   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)                                         AR20130013253





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ABCMR Record of Proceedings (cont)                                         AR20130013253



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