IN THE CASE OF:
BOARD DATE: 23 October 2014
DOCKET NUMBER: AR20140005194
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 Forms 214 (Certificate of Release or Discharge from Active Duty)/(Armed Forces of the United States Report of Transfer or Discharge) for the periods ending on 31 May 2008 and 20 February 1973 to show award of the Army Good Conduct Medal (AGCM).
2. He states the orders awarding him the AGCM were retroactive.
3. He provides two DD Forms 214 and Orders 184-02, dated 2 July 2008.
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 26 February 1971, the applicant enlisted in the Regular Army. He served 1 year, 11 months, and 25 days on active duty and he was honorably released from active duty on 20 February 1973 in the grade/rank of specialist four/E-4.
3. His DD Form 214, issued at the time of his release, does not show award of the AGCM.
4. On 8 December 1973, he enlisted in the Army National Guard (ARNG). On 18 July 1980, he was honorably released from the ARNG to accept a commission as a U.S. Army Reserve (USAR) officer the following day.
5. On 6 September 2005, he was ordered to active duty in support of Operation Enduring Freedom from 6 September 2005 to 31 July 2007 and 1 August 2007 to 31 March 2008. He was honorably released from active duty on 31 May 2008 in the rank of lieutenant colonel. He was credited with completing 2 years,
8 months, and 25 days of active duty service this period.
6. His DD Form 214 issued at the time of his release does not show award of the AGCM.
7. Headquarters, 75th Battle Command Training Division, Orders 184-02, dated 2 July 2008, show the applicant was awarded the AGCM (1st Award) for the period 20 February 1971 to 20 February 1973.
8. On 10 February 2011, he was retired for sufficient service for retirement.
9. Army Regulation 635-8 (Separation Processing and Documents) states to list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
Orders awarded the applicant the AGCM (1st Award). Therefore, his DD Forms 214 for the periods ending on 31 May 2008 and 20 February 1973 should be corrected to show this award.
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
adding to his DD Forms 214 for the periods ending on 31 May 2008 and
20 February 1973 the AGCM (1st Award).
_______ _ 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) AR20140005194
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ABCMR Record of Proceedings (cont) AR20140005194
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