IN THE CASE OF:	  

		BOARD DATE:	  24 March 2015

		DOCKET NUMBER:  AR20140013682 


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:

	a.  award of a second Army Good Conduct Medal.  

	b.  In a second DD Form 149 (Application for Correction of Military Record), he also requests that his DA Form 2A (Personnel Qualification Record-Part 1) be corrected to show his military occupational specialty (MOS) as 92B2O vice 92F2O.

2.  The applicant states he was awarded the Army Good Conduct Medal during his first enlistment 1983-1986 but not during his second (1991-1994) period of active duty.

3.  The applicant provides copies of his DD Forms 214 (Certificate of Release or Discharge from Active Duty) and a DA Form 2A, dated 15 November 1993.

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 DA Form 2A is a working personnel management document and as such is not normally correctable by the ABCMR.  This matter will not be further addressed.

3.  The applicant served on active duty in the Regular Army from 16 February 1983 to 15 August 1986.  He was honorably separated and transferred to the U.S. Army Reserve as a sergeant, pay grade E-5.  His DD Form 214 lists his authorized awards as the – 

* Army Service Ribbon
* Noncommissioned Officer (NCO) Professional Development Ribbon with Numeral "1"
* Army Achievement Medal
* Good Conduct Medal
* Expert Marksmanship Qualification Badge with Rifle Bar
* Expert Qualification Badge with Grenade Bar

4.  He again enlisted in the Regular Army on 15 February 1991 and served until 14 February 1994 when he was honorably discharged as a specialist, pay grade E-4.  

5.  Available service record documents for this period of active duty include:

	a.  DA Form 638-1 (Recommendation for Award) with approval and orders for the Army Achievement Medal, dated 26 April 1991;

	b.  Orders for the Expert Field Medical Badge, dated 2 November 1991;

	c.  DA Form 638-1 with approval and orders for the Army Achievement Medal with 2nd Oak Leaf Cluster, dated 11 December 1992;

	d.  Personnel Qualification Record – Part II showing his authorized awards as the – 
 
* Army Service Ribbon
* Noncommissioned Officer (NCO) Professional Development Ribbon with Numeral "1"
* Army Achievement Medal
* Good Conduct Medal (1st Award)
* National Defense Service Medal
* Army Achievement Medal (2nd Award)
* Expert Field Medical Badge
* Army Achievement Medal (3rd Award)
* Marksman Marksmanship Qualification Badge with Rifle Bar

6.  There is no evidence of any disciplinary infractions or other discreditable incidents.

7.  His DD Form 214 for this second period of active duty lists his authorized awards as the – 

* Army Achievement Medal (3rd Award)
* Army Good Conduct Medal
* National Defense Service Medal
* NCO Professional Development Ribbon
* Army Service Ribbon
* Expert Field Medical Badge
* Marksman Marksmanship Qualification Badge with Rifle Bar 

8.  Army Regulation 600-8-22 (Military Awards) states:

	a.  The Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity.  There is no automatic entitlement to the Army Good Conduct Medal and disqualification must be justified.  Each 3 year period of continuous enlisted active Federal military service completed on or after 27 August 1940 qualifies for an award. 

	b.  Marksmanship qualification badges indicate the degree in which an individual has qualified in a prescribed record course and an appropriate bar is furnished to denote each weapon with which they qualified.  The badge and bar will indicates the qualification last attained (emphasis added) with each respective weapon. 

9.  Army Regulation 635-5 (Separation Documents), in effect at the time, states in paragraph 2-1 that the DD Form 214 is a summary of a Soldier’s most recent period of continuous active duty.  It provides a brief, clear cut record of active duty service at the time of release from active duty, retirement, or discharge.  The instructions for item 13 (Decorations, Medals, Badges, Citations, Campaign Ribbons Awarded or Authorized) requires listing awards for all periods of service.


DISCUSSION AND CONCLUSIONS:

1.  The applicant requests award of a second Army Good Conduct Medal.

2.  During his second period of active duty, from 15 February 1991 through 14 February 1994, the applicant distinguished himself by his advancement to pay grade E-4, offense-free behavior, and award of three Army Achievement Medals and the Expert Field Medical Badge.  He was eligible for award of the Army Good Conduct Medal (2nd Award).  It should be awarded at this time.

3.  The governing regulation requires that the authorized awards for all periods of service be entered on the DD Form 214.  Some of the applicant's awards were omitted from or misnamed on his second DD Form 214.  These include:

	a.  The proper designation should have been NCO Professional Development Ribbon with Numeral 1; and 

	b.  the Expert Qualification Badge with Grenade Bar should have been included.

4.  In view of the foregoing, it would be appropriate to correct the applicant’s records as recommended below.

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 (2nd Award) for the period 15 February 1991 through 14 February 1994; and


	b.  changing his 14 February 1994 DD Form 214 by 

		(1)  deleting the Army Good Conduct Medal and the NCO Professional Development Ribbon; and 

		(2)  adding the – 

* Army Good Conduct Medal (2nd Award)
* NCO Professional Development Medal with Numeral 1
* Expert Qualification Badge with Grenade 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.



ABCMR Record of Proceedings (cont)                                         AR20140013682





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ABCMR Record of Proceedings (cont)                                         AR20140013682



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