IN THE CASE OF:
BOARD DATE: 21 August 2014
DOCKET NUMBER: AR20140001249
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 final DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the Army Good Conduct Medal (AGCM) (3rd Award).
2. The applicant states the AGCM (3rd Award) should be added to item 13 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214.
3. The applicant provides:
* DD Form 214 for the periods ending 29 March 1973, 28 July 1976, 27 June 1976, and 29 February 2000
* DD Form 215 (Correction to DD Form 214)
* Retirement Orders
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant initially enlisted in the Regular Army (RA) on 29 January 1971 and continuously served through two reenlistment periods until he was honorably discharged on 27 June 1979. The DD Form 214 he was issued at that time shows:
a. in item 18(c) (Total Active Service) - he completed 8 years, 4 months, and 29 days of creditable active duty service; and
b. in item 13 he earned the following awards:
* AGCM (2nd Award)
* National Defense Service Medal
* Expert Marksmanship Qualification Badge with Rifle Bar
3. On 28 June 1979, the applicant was appointed a Reserve warrant officer of the Army and entered active duty. He continued to serve until he retired from active duty in the rank of chief warrant officer four (CW4) on 29 February 2000.
4. The DD Form 214 issued to the applicant upon his retirement shows he completed 20 years, 8 months, and 3 days of creditable active service of which
8 years, 4 months, and 29 days was prior active duty service. Item 13 of this document does not include an entry showing entitlement to the AGCM.
5. His DA Form 2-1 (Personnel Qualification Record) includes an entry in
Item 9 (Awards, Decorations, and Campaigns) that shows he earned the AGCM (2nd Award). There are no documents on file that shows he earned a third AGCM.
6. Army Regulation 600-8-22 (Military Awards) states the AGCM is awarded for each 3 years of continuous enlisted (emphasis added) active Federal military service completed on or after 27 August 1940; for the first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than
3 years but more than 1 year. However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.
7. Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. It states that awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 will be entered on the DD Form 214. Each entry will be verified by the Soldiers records.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends the AGCM (3rd Award) should be added to item 13 of his final DD Form 214. There is insufficient evidence to support this claim.
2. The evidence of record confirms the applicant completed a total of 8 years, 4 months, and 29 days of creditable honorable active service in an enlisted status, prior to his appointment as a Reserve warrant officer. By regulation, the AGCM is awarded for each 3 years of qualifying service completed on or after 27 August 1940. As a result, the applicant did not satisfy the regulatory service requirement necessary to receive three awards of the AGCM. However, his DA Form 2-1 and DD Form 214 issued on 27 June 1979 confirm he earned two AGCMs, which he earned during his enlisted service, and these awards are not listed on his final DD Form 214. Therefore, item 13 of his final DD Form 214 issued on 29 February 2000 should be corrected at this time to add the AGCM (2nd Award).
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:
a. adding the Army Good Conduct Medal (2nd Award) to item 13 of his
DD Form 214 issued on 29 February 2000; and
b. issuing him a document to reflect the above change.
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 adding a third Army Good Conduct Medal 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) AR20140001249
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ABCMR Record of Proceedings (cont) AR20140001249
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