IN THE CASE OF:	  

		BOARD DATE:  25 March 2014

		DOCKET NUMBER:  AR20130022000 


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 two awards of the Army Good Conduct Medal.

2.  The applicant also requests lateral appointment to Corporal (CPL) in the Texas Army National Guard (TXARNG). 

3.  The applicant states:

	a.  He was assigned to Detachment 1, Company B, 249th Support Battalion (Main), TXARNG, Killeen, TX, after discharge from the active Army and was a specialist (SPC)/E-4 filling a sergeant (SGT)/E-5 position.  Army Regulation    600-8-19 (Enlisted Promotions and Reductions) states that SPCs will be appointed to CPL if the Soldier was assigned to and working in a SGT position and is in the primary military occupational specialty (PMOS).  His PMOS was 63S (Heavy Wheel Vehicle Mechanic).  He remembers talking to the personnel sergeant about if he is going to make SGT because he was promotable and filling that position.  She told him they did not have an allocation for another E-5 so he would remain a SPC.  But he should be laterally appointed to CPL.  He was not, and he believes he should have been. 

	b.  Also, he has two Army Good Conduct Medals.  His DD Form 214 reflects only one.  That is incorrect and needs to be corrected.  He believes the Board should find it in his interest to correct these issues because it would reflect an accurate status/standing of his honorable military service and to the legacy/memory he leaves his children after he departs this Earth.  It would not change any pay or such because he would still be an E-4.  But he believes he should be rightfully appointed to CPL according to the regulations and the position he was filling.  As for the Army Good Conduct Medal issue, he has the same feeling as to why the Board should find making this correction in his interest. 

3.  The applicant provides his DD Form 214, ending on 30 July 1990, and National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service).

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 (RA) on 28 October 1986 and he held MOS 63S.  On 7 December 1988, Headquarters, 3rd Battalion, 64th Armor prepared a DA Form 4187 (Personnel Action) advancing him to E-4 effective 1 December 1988.

3.  He was honorably released from active duty in the rank/grade of SPC/E-4 on 30 July 1990 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining service obligation.

4.  His DD Form 214 shows he completed 3 years, 9 months, and 3 days of active service.  It also shows he was awarded or authorized the:

* Army Achievement Medal (1st Oak Leaf Cluster)
* Army Good Conduct Medal
* Army Service Ribbon
* Overseas Service Ribbon
* Army Lapel Button
* Driver and Mechanic Badge with Driver (Wheel) and Mechanic Bar
* Expert Marksmanship Qualification Badge with Rifle Bar

5.  He again enlisted in the RA, in the rank/grade of SPC/E-4, on 31 January 1991.  He was trained in and held MOS 91A (Medical Specialist).  He served in Germany from 3 May 1991 to 30 April 1994. 

6.  On 19 July 1993, the 258th Personnel Service Center Wurzberg published Permanent Orders (PO) 110-5 awarding him the Army Good Conduct Medal (2nd Award) for the period 28 October 1989 to 27 October 1992. 

7.  He was honorably discharged from active duty on 23 January 1995.  His DD Form 214 for this period of service shows he completed 3 years, 11 months, and 23 days of active service.  He was assigned Reentry Code 3 (eligible to reenlist with waiver).

8.  His DD Form 214 for this period also shows his rank/grade as SPC/E-4 and his effective date of pay grade as 31 January 1991.  It also shows he was awarded or authorized the:

* Army Lapel Button
* Army Achievement Medal (3rd Award)
* Army Good Conduct Medal
* National Defense Service Medal
* Noncommissioned Officer Professional Development Ribbon
* Army Service Ribbon
* Overseas Service Ribbon
* Expert Marksmanship Qualification Badge with Rifle Bar
* Driver and Mechanic Badge with Driver (Wheel) Bar
* Driver and Mechanic Badge with Mechanic Bar

9.  Prior to his discharge from active duty, he executed a 3-year enlistment in the TXARNG.  His enlistment contract shows his enlistment grade as E-4. 

10.  He was honorably discharged from the TXARNG on 9 October 1997 and he was transferred to the USAR Control Group (Reinforcement).  His NGB Form 22 shows his rank/grade as SPC/E-4 and his date of rank as 1 December 1988.  

11.  His service records do not contain orders or a DA Form 4187 appointing him to CPL.   

12.  A copy of the Unit Manning Report for his unit of assignment is neither filed in his records nor provided by him. 

DISCUSSION AND CONCLUSIONS:

1.  PO awarded the applicant two awards of the Army Good Conduct Medal.  Even though the dates of the second award are incorrect, it appears he was otherwise eligible for the award (for the period 31 January 1991 through 30 January 1994).  Therefore, his DD Form 214 ending on 23 January 1995 should be corrected to show two awards of the Army Good Conduct Medal.

2.  There is no evidence in the applicant's records and he provides none to show he was ever recommended for or held the rank/grade of SGT/E-5 or CPL.  His enlistment in the TXARNG was in the rank/grade of SPC/E-4.  More importantly, there is no evidence in his records and he provides none to show he was slotted and/or placed in a SGT position.  

3.  He held the rank/grade of SPC/E-4 at the time of his discharge from the ARNG.  His NGB Form 22 correctly shows his rank/grade as SPC/E-4.  There is insufficient evidence to grant him this portion of the relief he seeks. 

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 deleting from his DD Form 214 ending on 23 January 1995 the Good Conduct Medal and adding the Army Good Conduct Medal (2nd Award).







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 his lateral appointment to the grade of CPL in the Army National Guard. 



      _______ _  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)                                         AR20130022000





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ABCMR Record of Proceedings (cont)                                         AR20130022000



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