BOARD DATE:	  18 September 2014

	DOCKET NUMBER:  AR20140003042


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:

* His date of birth as 8 April 1966
* He was awarded the Army Good Conduct Medal (AGCM)
* His correct rank

2.  The applicant states his information is not correctly shown on his DD Form 214.

3.  The applicant provides copies of:

* DD Form 214
* State of Texas Certificate of Birth issued 7 February 2014

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.  On 21 February 1985, the applicant enlisted in the Regular Army.  His 
DD Form 4 (Enlistment/Reenlistment Document) for this enlistment shows his date of birth as 8 April 1966.

3.  Records show that the applicant was counseled on 29 July 1987 for missing physical training formation, missing movement to detail, and being drunk on duty.

4.  A DA From 4126 (Bar to Reenlistment Certificate) was approved by the battalion commander on 19 August 1987.  On 10 January 1988, the battalion commander removed the applicant’s bar to reenlistment.

5.  On 3 March 1988, the applicant received a letter of reprimand for driving a motor vehicle while intoxicated on 27 February 1988.

6.  On 5 April 1988, another DA Form 4126 was approved based on his citation for improper lane usage and driving under the influence on 27 February 1988.  Also, his driving privileges on post had been suspended.

7.  On 9 June 1988, the applicant, then in the rank of specialist four, pay grade 
E-4, accepted nonjudicial punishment (NJP) for failing to prepare his room for inspection on 2 June 1988.  His punishment included a reduction to private first class, pay grade E-3.

8.  On 21 June 1988, the battalion commander approved the applicant’s voluntary administrative discharge under the provisions of Army Regulation 
635-200 (Personnel Separation Enlisted Personnel), paragraph 16-5 for his locally imposed bar to reenlistment.

9.  On 22 June 1988, the applicant accepted NJP for failing to go at the prescribed time to his appointed place of duty on 20 June 1988.  His punishment included a reduction to private, pay grade E-2.

10.  On 7 July 1988, the applicant was honorably discharged based on a locally imposed bar to reenlistment.  He completed 3 years, 4 months, and 17 days of creditable active duty service.  His DD Form 214 shows:

	a.  his date of birth as 8 April 1964;


	b.  his rank as private, pay grade E-2 with an effective date of rank as 
22 June 1988 and

      c.  his awards as the:

* Army Service Ribbon
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Expert Marksmanship Qualification Badge with Grenade Bar
* Overseas Service Ribbon
* Army Achievement Medal

11.  Army Regulation 600-8-22 (Military Award) states that in instances of disqualification for the Army Good Conduct Medal determined by the unit commander, the commander will prepare a statement of the rationale for his or her decision.  This statement will include the period of disqualification and will be referred to the individual concerned for response.  The unit commander will consider the individual’s statement.  If the commander’s decision remains the same, the commander will forward his or her statement, the individual’s statement, and his or her consideration for permanent filing in the individual’s Official Military Personnel File (OMPF).  The immediate commander’s decision to award the Army Good Conduct Medal will be based on his or her personal knowledge and of the individual’s official records for the periods of service under previous commanders during the period for which the award is to be made.  However, there is no right or entitlement to the medal until the immediate commander has approved the award and the award has been announced in permanent orders.

12.  The applicant’s State of Texas Certificate of Birth shows his date of birth as 8 April 1966.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show:

* His date of birth as 8 April 1966
* He was awarded the Army Good Conduct Medal (AGCM)
* His correct rank

2.  Records show that the applicant enlisted using a date of birth of 8 April 1966.  Furthermore this is in agreement with his birth certificate.  Therefore, this portion of his request should be granted.


3.  The evidence of record shows that the applicant was reduced in rank from specialist four, pay grade E-4 to private first class, pay grade E-3 on 9 June 1988.  He was again reduced in rank to private, pay grade E-2 on 22 June 1988.  There is no evidence showing he was subsequently advanced to any higher rank.  His DD Form 214 shows his last rank as private, pay grade E-2.

4.  The evidence of record shows that the applicant had been twice barred to reenlistment and had accepted NJP twice in his last month of active duty service.  There is no evidence showing that the commander had approved him for an award of the AGCM or that any such award had been announced in permanent orders.

5.  In view of the above, only that portion of his request pertaining to his date of birth should be granted.

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 showing on his DD Form 214 his date of birth as indicated on his birth certificate.

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 showing him with a higher rank and pay grade, or award of the Army Good Conduct Medal.



___________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)                                         AR20070016793



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140003042


5


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1