BOARD DATE:	  6 January 2015

		DOCKET NUMBER:  AR20140008742 


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, in effect, that his service in the Delayed Entry Program (DEP) from 6 June 2009 to 13 June 2010 be included in item 12 (Record of Service) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 14 March 2011.  He also requests the following awards be added to his DD Form 214:

* Army Good Conduct Medal
* Expert Marksmanship Qualification Badge with Grenade Bar
* Marksman Marksmanship Qualification Badge with Rifle Bar
* Physical Fitness Badge
* Army Lapel Button

2.  The applicant states item 12 of his DD Form 214 does not reflect his full time served.  Item 18 (Remarks) shows the time omitted as "20090606 - 20100613" so he requests item 12 show 12 months and 7 days of service.  His Army Marksmanship Qualification Badges, Physical Fitness Badge, and Army Lapel Button were omitted from his DD Form 214.

3.  He cites Army Board for Correction of Military Records (ABCMR) Docket Number AR 20060007706, dated 17 January 2007, in his request for the Army Good Conduct Medal.  He stated the previous ABCMR case stated "Army Regulation 600-8-22 (Military Awards) also provides that the Good Conduct Medal 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 of the first award ends with the termination of a period of Federal military Service.  Although there is no automatic entitlement, disqualification must be justified."  He was not disqualified from earning the Army Good Conduct Medal and he believes that he met the requirements of distinguishing himself by his conduct, efficiency and fidelity during his active duty service.

4.  The applicant provides: 

* DA Form 4856 (Developmental Counseling Form)
* DA Form 5286-R (Individual Training Record - Infantry OSUT (one-station unit training))
* DA Form 705 (Army Physical Fitness Test (APFT) Scorecard)
* four certificates/diplomas of completion
* orders for the award of the Parachutist Badge
* a letter, dated 14 May 2014, from Department of Veterans Affairs (VA)
* ABCMR Docket Number AR20060007706, dated 17 January 2007


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 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.  He enlisted in the U.S. Army Reserve/DEP on 6 June 2009.  On 
14 June 2010 he enlisted in the Regular Army.  

3.  His DA Form 5286-R shows he qualified for the Marksman Marksmanship Qualification Badge with Rifle Bar on 6 August 2010 and the Expert Marksmanship Qualification Badge with Grenade Bar on 27 July 2010.

4.   His DA Form 705 shows that on 21 September 2010 he scored 100, 97, 
100 points in each event with a total of 297 points.

5.  On 14 March 2011, he was discharged.  He completed 9 months and 1 day of active service that was characterized as honorable.  His DD Form 214 contains the following information:

* item 12e (Total Prior Inactive Service) - no service
* item 18 (Remarks) - "Period of Delayed Entry Program: 20090606 - 20100613"

6.  His DD Form 214 shows he was awarded the:

* National Defense Service Medal
* Army Service Ribbon
* Parachutist Badge

7.  A DD Form 215 (Correction to DD Form 214), dated 5 March 2014, added the Global War on Terrorism Service Medal.

8.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  Qualifying periods of service include:

* each 3 years completed on or after 27 August 1940.
* for first award only, upon termination of service on or after 27 June 	1950, of less than 3 years but more than 1 year

	b.  The Physical Fitness Badge is awarded to Soldiers who obtain a minimum score of 270 or above, with a minimum of 90 points per event on the APFT and meet the body fat standards.  Soldiers are required to meet the above standards for each record test to continue to wear the badge.  Permanent orders are not required for the award.

	c.  The Army Lapel Button is a gratuitous issue item.  Eligibility requirements include:

* Soldiers transitioning with an honorable characterization of service
* non-adverse separation
* minimum 9 months of continuous service

9.  Army Regulation 635-5 (Separation Documents) at the time prescribed policies and procedures regarding separation documents.  Paragraph 2-4h(12)(e) states DEP time that began on or after 1 January 1985 is not creditable service for pay purposes and will not be entered in item 12e.  However, it is creditable service for completing the statutory military service obligation and will be entered in item 18.

DISCUSSION AND CONCLUSIONS:

1.  The ABCMR in Docket Number AR20060007706 granted the applicant relief based on his 3 years of conduct, efficiency, and fidelity.  The citation of Army Regulation 600-8-22 did not mention the 1-year minimum requirement because the applicant in the case had completed 3 years of active service.

2.  The applicant's case is different from that reviewed in AR20060007706 because he had only completed 9 months and 1 day of active service.  For the first award of the Army Good Conduct Medal a period of qualifying service may be upon termination of service on or after 27 June 1950, of less than 3 years but more than 1 year.  Because the applicant did not have at least 1 year of active service he is not eligible for the award of the Army Good Conduct Medal.

3.  Because time spent in the DEP is not creditable for pay purposes it is not included in item 12 of the DD Form 214.  The period of service in the DEP is entered in item 18 of the DD Form 214.  Therefore, the applicant's service as shown on his DD Form 214 is correct.

4.  A DA Form 705 shows that on 21 September 2010 he met the requirements of the Physical Fitness Badge.  Therefore, this award should be added to his 
DD Form 214.

5.  His DA Form 5286-R shows he was awarded the Expert Marksmanship Qualification Badge with Grenade Bar and Marksman Marksmanship Qualification Badge with Rifle Bar.  Therefore, these awards should be added to his DD Form 214.

6.  He completed 9 months and 1 day of active service that was characterized as honorable.  Therefore, he is authorized the Army Lapel Button.


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 amending his DD Form 214 with separation date of 14 March 2011 by adding the:

* Expert Marksmanship Qualification Badge with Grenade Bar
* Marksman Marksmanship Qualification Badge with Rifle Bar
* Physical Fitness Badge
* Army Lapel Button

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 changes to item 12 of his 
DD Form 214 and 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)                                         AR20140008742



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ABCMR Record of Proceedings (cont)                                         AR20140008742



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