IN THE CASE OF:	   

		BOARD DATE:	  13 May 2014

		DOCKET NUMBER:  AR20130016612 


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 her DD Form 214 (Certificate of Discharge from Active Duty) dated 21 February 1997 to show her effective date of pay grade as 1 October 1989.  She also requests award of the Army Good Conduct Medal (Second Award).

2.  The applicant states:

* Her DD Form 214 erroneously shown her effective date of pay grade as 29 November 1992
* She was not even in the service on 29 November 1992
* She never lost rank when she reentered the service on 27 March 1995; therefore, 1 October 1989 is her effective date of pay grade
* She was entitled to another Army Good Conduct Medal but she never received it because her personnel file was "messed up" when she had a break in service

3.  The applicant provides:

* DD Form 214, dated 21 February 1997
* DD Form 214, dated 29 January 1992
* People's Place – Veterans Outreach Program Business Cards and Flyers


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 23 September 1987.  She completed training as a unit supply specialist.  She was promoted through the ranks to pay grade E-4.

3.  On 29 January 1992, the applicant was honorably released from active duty (REFRAD) for the Convenience of the Government, under the Fiscal Year 1992 Early Transition Program.  She was transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete her Reserve obligation.  Her DD Form 214 for this period of service shows 1 October 1989 as her effective date of pay grade.  She received the following awards:

* Army Service Ribbon
* Army Commendation Medal
* Army Good Conduct Medal
* National Defense Service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

4.  The applicant's DA Form 2-1 (Personnel Qualification Record – Part II) shows she remained a member of the USAR from 30 January 1992 until she again enlisted in the RA on 27 March 1995 in pay grade E-4.  She was honorably discharged on 21 February 1997, due to hardship.  Her DD Form 214 for this period shows 29 November 1992 as her effective date of pay grade.  It also shows the following awards:

* Army Commendation Medal
* National Defense Service medal
* Army Service Ribbon
* Army Good Conduct Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

5.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents which are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for preparing and distributing the DD Form 214.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  It provides a clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  It states in item 12(h) – from the most recent promotion order (or reduction instrument), enter the effective date of promotion to the current pay grade.

6.  Army Regulation 600-20 (Army Command Policy) prescribes the policies and responsibilities of command, which include the well-being of the force, military discipline, and conduct, the Army Equal Opportunity (EO) Program, and the Army Sexual Assault Victim Program.  Paragraph 2-20 pertains to dates of rank for enlisted Soldiers.  It states "On enlistment in the U.S. Army (any component) of a former enlisted member of the Armed Forces, other than the Army, if enlisted in the RA the date of rank of the enlistment grade is the date of enlistment of the RA.  On subsequent enlistment/reenlistment with a break in military service of more than 90 days and reenlists in the RA, the DOR of the enlistment grade is the date preceding the reenlistment date by a period equal to the length of time previously served in the RA in the same or higher grade than that in which reenlisted."

7.  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 contentions have been noted.  Her supporting evidence has been considered.

2.  The applicant's records show she served in pay grade E-4 from 1 October 1989 until she was REFRAD on 29 January 1992, which is 2 years, 3 months, and 28 days.  Once you subtract that time from the day she reentered on active duty, which was 27 March 1995, her effective date of pay grade was properly adjusted to 29 November 1992.

3.  According to the applicable regulation, the DOR of the enlistment grade is the date preceding the reenlistment date by a period equal to the length of time previously served in the RA in the same or higher grade than that in which reenlisted.  Her DD Form 214 properly shows 29 November 1992 as her effective date of pay grade, even though she was not in the Army on that date.

4.  According to Army Regulation 600-8-22, 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.  She does not meet the criteria for award of the Army Good Conduct Medal (Second Award).  

5.  In view of the foregoing, the applicant's request should be denied.

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 that 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)                                         AR20130016612



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ABCMR Record of Proceedings (cont)                                         AR20130016612



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