BOARD DATE: 19 August 2014
DOCKET NUMBER: AR20130022366
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 award of the Armed Forces Expeditionary Medal and Army Good Conduct Medal.
2. The applicant states he was not awarded the Army Good Conduct Medal for the 3 years of active duty from 26 January 1976 through 25 January 1979. This award is not listed on his DD Form 214 (Report of Separation from Active Duty). He needs his DD Form 214 corrected for a job change consideration.
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 provide in the statute of limitations, the ABCMR has elected to conduct a substantive review of the cases 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 sufficient bases to waive the statute of limitations.
2. The applicant enlisted in the Regular Army on 25 January 1976 for 3 years. He served as a chaparral crewman. He was promoted to pay grade E-4 on 18 November 1977.
3. His record contains Permanent Orders (PO) Number 016-003, issued by Headquarters, 101st Airborne Division (Air Assault) and Fort Campbell, on 16 January 1979, awarding him the Army Good Conduct Medal (1st Award) for the period of service from 26 January 1976 through 25 January 1979.
4. He was honorably released from active duty on 25 January 1979 and was transferred to the U.S. Army Reserve. He was credited with completing 3 years of net active service. His DD Form 214 lists the Expert Marksmanship Qualification Badge with Rifle (M-16) and Grenade Bars and the Air Assault Badge.
5. Item 9 (Awards, Decorations, and Campaigns) of his DA Form 2-1 (Personnel Qualification Record Part II) lists the same awards as listed on his DD Form 214.
6. His record is void of any documentary evidence of his entitlement to the Armed Forces Expeditionary Medal during his period of service.
7. Army Regulation 600-8-22 (Military Awards) states the Armed Forces Expeditionary Medal is awarded to members of the Armed Forces of the United States who after 1 July 1958 participate, or have participated, in U.S. military operations, or U.S. operations in direct support of the United Nations, or U.S. operations of assistance for friendly foreign nations. Tables 2-2, 2-3, and 2-4 of the regulation did not authorize award of this medal for designated U.S. military operations in the three categories for service between 1976 and 1979.
DISCUSSION AND CONCLUSIONS:
1. PO awarded the applicant the Army Good Conduct Medal (1st Award) for his period of service from 26 January 1976 through 25 January 1979. Therefore, he is entitled to correction of his DD Form 214 to show this award.
2. During his period of active duty from January 1976 to January 1979, the Armed Forces Expeditionary Medal was not authorized for any designated U.S. military operations. There is no documentary evidence awarding or authorizing him this award during his period of service. Therefore, there is insufficient evidence to award him the Armed Forces Expeditionary Medal or adding it to his DD Form 214.
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 adding to his DD Form 214 the Army Good Conduct Medal (1st 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 award of the Armed Forces Expeditionary Medal and its addition to his DD Form 214.
_______ _ 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) AR20130022366
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