BOARD DATE: 2 October 2014
DOCKET NUMBER: AR20140002951
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 (Report of Separation from Active Duty) to show all awards to which he is entitled, specifically the Army Good Conduct Medal (AGCM) and the Humanitarian Service Medal (HSM).
2. He states that it was brought to his attention that he was authorized the AGCM and the HSM.
3. He provides his DD Form 214 and a Certificate of Achievement.
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 on 20 January 1975. He was honorably released from active duty on 19 January 1978 in the rank/pay grade of specialist four (SP4)/E-4. He was credited with completing 3 years of active duty service.
3. His DD Form 214 does not show any awards.
4. Item 27 (Remarks) of his DA Form 2-1 (Personnel Qualification Record - Part II) shows he qualified as marksman with the .45 caliber pistol.
5. There is no record of any Article 15's, courts-martial, or any type of adverse action available. There is also no record of a commander's disqualification for award of the AGCM.
6. The applicant provided a Joint Task Force New Arrival Certificate of Achievement which shows he was awarded this certificate on 20 November 1975, for participating in the resettlement of Indo-Chinese refugees at Fort Indiantown Gap, PA.
7. Army Regulation 600-8-22 (Military Awards) states:
a. The AGCM 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 AGCM, disqualification must be justified.
b. The HSM is awarded to members who, after 1 April 1975, distinguished themselves by meritorious direct participation in a Department of Defense approved significant military act or operation of a humanitarian nature. A service member must be on active duty at the time of direct participation, must have directly participated in the humanitarian act or operation within the designated geographical area of operation and within specified time limits, and must provide evidence that substantiates direct participation.
c. Table C-1 of Army Regulation 600-8-22 shows Operation New Life/New Arrival from 1 April to 15 August 1975 at Fort Indiantown Gap, PA was approved by the Department of Defense as qualifying for award of the HSM.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant distinguished himself in the performance of his military service by attaining the rank of SP4/E-4 and being honorably separated after having completed 3 years of active service. It is presumed that the AGCM was not listed on his DD Form 214 due to an oversight. Therefore, he should be awarded the AGCM (1st Award) for the period
20 January 1975 to 19 January 1978 and his DD Form 214 should be corrected to show this award.
2. The available evidence clearly shows he participated in Operation New Life/New Arrivals in 1975. Although the certificate is dated November 1975, any reasonable doubt that he participated during the eligibility period should be resolved in his favor. Therefore, his DD Form 214 should be corrected to show the HSM.
3. His DA Form 2-1 verifies he qualified as marksman with the .45 Caliber Pistol. Therefore, his DD Form 214 should be corrected to show this badge.
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:
a. awarding him the Army Good Conduct Medal (1st Award) for the period
20 January 1975 to 19 January 1978; and
b. adding the Army Good Conduct Medal, Humanitarian Service Medal, and the Marksman Marksmanship Qualification Badge with Pistol Bar (.45 Caliber) 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) AR20140002951
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