IN THE CASE OF:	  

		BOARD DATE:	  19 March 2015

		DOCKET NUMBER:  AR20140013754


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, correction of the standard name line on the orders that awarded him the Army Good Conduct Medal (AGCM) (4th Award),   to show his middle initial as "W" instead of "R."    

2.  The applicant states, in effect, that he has attempted to get this corrected through his unit administrative personnel but nothing was done before he left the service.  When he attempted to get his name changed in 2006, he heard from the records section but never received a corrected award order.

3.  The applicant provides the following:

* a letter from the National Personnel Records Center, dated 23 July 2014, with three pages of related correspondence regarding his AGCM
* Permanent Orders 215-69, issued by the 516th Personnel Service Battalion (PSB) on 3 August 1998
* Permanent Orders 198-62, issued by the 516th PSB on 17 July 1998
* Permanent Orders 248-00086, issued by Headquarters, U.S. Army Field Artillery Center and Fort Sill, Fort Sill, Oklahoma on 5 September 1995
* Permanent Orders 007-03, issued by the 378th Personnel Service Company (PSC) on 5 February 1993
* Permanent Orders 167-073, issued by Headquarters, U.S. Army Field Artillery Center and Fort Sill, Fort Sill, Oklahoma on 31 August 1989



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 applicant enlisted in the Regular Army on 28 August 1986 and upon completion of his initial entry training, he was awarded military occupational specialty 92Y (Unit Supply Specialist). 

3.  His record contains the following documents related to his AGCM award history:

     a.  Permanent Orders 167-073, issued by Headquarters, U.S. Army Field Artillery Center and Fort Sill, Fort Sill, Oklahoma on 31 August 1989, awarded him the AGCM (1st Award) for the period 28 August 1986 to 27 August 1989. 

     b.  Permanent Orders 007-03, issued by the 378th PSC on 3 February 1993, awarded him the AGCM (2nd Award) for the period 28 August 1989 to 27 August 1992.  

     c.  Permanent Orders 248-00086, issued by Headquarters U.S. Army Field Artillery Center and Fort Sill, Fort Sill, Oklahoma on 5 September 1995, awarded him the AGCM (3rd Award) for the period 28 August 1992 to 27 August 1995. 

     d.  Permanent Orders 198-62, issued by the 516th PSB on 17 July 1998, awarded him the AGCM (4th Award) for the period 27 August 1995 to 26 August 1998.  The standard name line of this order identified his middle initial as "R," which according to the applicant is incorrect.

     e.  Permanent Order 215-69, issued by the 516th PSB on 3 August 1998, revoked Permanent Orders 198-62, thereby revoking his award of the AGCM (4th Award).  The standard name line of this permanent order identified the applicant's middle initial as "R," which according to the applicant is incorrect. 
4.  On 5 May 1997, he accepted nonjudicial punishment (NJP) under the provisions of Article 15 of the Uniform Code of Military Justice (UCMJ) for disobeying a lawful order from a superior, being derelict in the performance of his duties, and intending to deceive on an official statement.  

5.  On 18 January 2001, he was honorably discharged from active duty under the provisions of Army Regulation 635-200 (Enlisted Personnel – Personnel Separations), paragraph 16-8, by reason of reduction in force in the rank/grade of staff sergeant/E-6.  His DD Form 214 shows, in part, he was awarded the ACGM (3rd Award).

6.  A review of his record reveals that the letter "W" is used to represent his middle initial throughout his period of active military service.  

7.  On 5 January 2007, the Army Review Boards Agency issued him a letter stating that his request, received on 5 September 2006, was being closed due to the unavailability of his records in order to provide a fair and impartial review of the facts surrounding his request.  He requested an AGCM be issued in which the original order was rescinded due to an error and not corrected or republished. 

8.  Army Regulation 600-8-22 (Military Awards) states 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.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.

9.  Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  The regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of the standard name line on the orders that awarded him the AGCM (4th Award) to show his middle initial as "W" instead of "R" was carefully considered.     

2.  The evidence shows his middle initial is "W," not "R" as represented in the orders that awarded him the AGCM (4th Award).  Later, these orders were revoked, thereby negating the error.  There is no evidence the orders were later reissued.

3.  While the exact reasoning for the revocation of these orders cannot be determined, there is a presumption of regularity in the conduct of government affairs.  Therefore, it is reasonable to assume these orders were revoked for some valid underlying reason.  

4.  The applicant's request cannot be granted, since the cited error has already been addressed and corrected through the revocation of the subject order.  There is no further error or injustice; therefore, there is insufficient evidence on which to base the requested relief.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___x____  ___x____  ___x____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case 
are insufficient as a basis for correction of the records of the individual concerned.



      __________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)                                         AR20110017470



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ABCMR Record of Proceedings (cont)                                         AR20140013754



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