IN THE CASE OF:
BOARD DATE: 28 April 2015
DOCKET NUMBER: AR20140014406
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 to his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the:
* Army Service Ribbon (ASR)
* Overseas Service Ribbon (OSR)
* Army Good Conduct Medal (AGCM)
* Expert Marksmanship Qualification Badge with Rifle Bar (M16)
* all other awards authorized or awarded
2. The applicant states he did not receive these awards or his authorized medals.
3. The applicant provides a copy of his DD Form 214 ending on 11 August 1982.
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 15 August 1979.
3. On 4 November 1980, and after appeal, he accepted nonjudicial punishment (NJP) under the provisions of Article 15 of the Uniform Code of Military Justice for disobeying a lawful order from a noncommissioned officer. His punishment included reduction to private (PV2)/E-2.
4. His DA Form 2-1 (Personnel Qualification Record) shows in:
a. item 5 (Oversea Service), he served in Germany from 24 June 1981 to 10 August 1982 and was credited with normal tour completion; and
b. item 18 (Appointments and Reductions), the highest rank/grade held was specialist four (SP4)/E-4 effective on 5 January 1982.
5. He was honorably released from active duty on 11 August 1982 upon the completion of 2 years, 11 months, and 27 days of total active service. His DD Form 214 issued for this period of service shows he was awarded or authorized the Expert Marksmanship Qualification Badge with Rifle Bar (M16) and ASR.
6. There is no evidence in the available records showing he was awarded the AGCM nor is there a commander's AGCM disqualification statement in his record.
7. Army Regulation 600-8-22 (Military Awards) states:
a. The AGCM 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 AGCM, disqualification must be justified.
b. The OSR is awarded for successful completion of overseas tours.
DISCUSSION AND CONCLUSIONS:
1. His record is void of orders awarding him the AGCM. A review of his military service record shows he accepted NJP in November 1980 and was reduced to PV2; however, the applicant went on to attain the rank of SP4 prior to his release from active duty so it is doubtful that this minor offense would disqualify him from receiving the AGCM. His record does not contain any other disciplinary action or a commander's disqualification statement for award of the AGCM during his active duty enlisted service. Therefore, it would be appropriate to award him the AGCM (1st Award) for the period 15 August 1979 through 11 August 1982.
2. He successfully completed an overseas tour of duty in Germany which qualifies him for the award of the OSR.
3. His DD Form 214 should be corrected to show these two additional awards.
4. The Expert Marksmanship Qualification Badge with Rifle Bar (M16) and ASR are correctly listed on his DD Form 214; therefore, there is no error.
5. Service medals and awards are not issued by the Army Board for Correction of Military Records (ABCMR). However, the applicant may obtain his medals by submitting a request in writing to: National Personnel Records Center, ATTN: Army Reference Branch, 1 Archives Drive, St. Louis, Missouri 63138. In addition, he can order medal sets through the National Archives website at www.archives.gov/veterans.
6. In view of the above, the applicant should be granted partial relief.
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:
a. awarding him the AGCM (1st Award) for the period 15 August 1979 to 11 August 1982; and
b. adding the AGCM (1st Award) and OSR to his DD Form 214.
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 issuing medals and adding the Expert Marksmanship Qualification Badge with Rifle Bar (M16) and ASR to his DD Form 214.
___________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) AR20140014406
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ABCMR Record of Proceedings (cont) AR20140014406
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