BOARD DATE: 7 October 2014
DOCKET NUMBER: AR20140003794
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 military records by showing he was awarded the Army Good Conduct Medal (AGCM).
2. The applicant states he served honorably from August 1987 to August 1990. He served as an infantryman team leader. He believes he was not awarded the AGCM because he left the service on his 3-year anniversary.
3. The applicant provides copies of his:
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* Letter from the National Personnel Records Center, dated 12 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. Records show the applicant enlisted in the Regular Army on 12 August 1987. His enlistment contract indicates that his term of service was for 4 years, giving him an expiration term of service (ETS) date of 11 August 1991.
3. Records show the applicant qualified in September 1987 as a marksman with the M-16 Rifle and as a sharpshooter with the grenade.
4. On 1 December 1988, the applicant was advanced to specialist four, pay grade E-4.
5. On 18 June 1990, the applicant, in a sworn statement, said that he had enlisted for a 3-year period; but a mistake occurred on his contract showing he had agreed to a period of 4 years.
6. On 20 June 1990, the applicant's commander initiated action to separate the applicant based on an erroneous enlistment.
7. On 14 August 1990, the applicant was discharged under the provisions of Army Regulation 635-200, paragraph 7-15, due to erroneous enlistment. He had completed 3 years and 3 days of active service. His characterization of service was honorable.
8. The applicant's DD Form 214 shows his awards as:
* Army Service Ribbon
* Army Lapel Button
* Parachutist Badge
* Combat Infantryman Badge (CIB)
* Armed Forces Expeditionary Medal (AFEM)
* Army Achievement Medal (AAM)
9. Army Regulation 600-8-22 (Military Awards) states the AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity. Although there is no automatic entitlement to the AGCM, disqualification must be justified. A qualifying period of service is 3 years of continuous enlisted active Federal military service after 27 August 1940.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his military records should be corrected by showing he was awarded the AGCM.
2. The evidence of record shows the applicant was discharged as a result of an erroneous enlistment contract. He contended that he had enlisted for a 3-year period, but his contract stated 4 years. The applicant was subsequently discharged a few days after what should have been his normal ETS date. His character of service is honorable.
3. The evidence of record shows the applicant was awarded the AAM, AFEM, and CIB. He attained the rank of specialist four. There is no evidence of any disciplinary action. There is no evidence showing that his discharge was based on an erroneous enlistment contract due to his fault. There is no evidence to show the commander took any action to deny him the AGCM. Therefore, it is presumed that he did not receive the AGCM due to an oversight. Accordingly, he should be awarded this medal.
4. Records show the applicant qualified as a marksman with his rifle. Therefore, his records should be corrected to show award of the Marksman Marksmanship Qualification Badge with Rifle Bar.
5. Records show the applicant qualified as a sharpshooter with the grenade. Therefore his records should be corrected to show award of the Sharpshooter Marksmanship Qualification Badge with Grenade Bar.
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 for the period 12 August 1987 to 11 August 1990; and
b. showing, in addition to the awards already-shown on his DD Form 214 that his awards include:
* Army Good Conduct Medal
* Sharpshooter Marksmanship Qualification Badge with Grenade Bar
* Marksman Marksmanship Qualification Badge with Rifle Bar
_______ _ 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.
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