IN THE CASE OF:
BOARD DATE: 30 April 2015
DOCKET NUMBER: AR20140016694
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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) by showing award of the Army Good Conduct Medal (AGCM) and the Overseas Service Ribbon (OSR).
2. The applicant states he earned these awards but they were never added to his DD Form 214.
3. The applicant provides no additional documentation.
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 14 February 2002, the applicant enlisted in the Regular Army for a period of 4 years. He was trained as a cable systems installer/maintainer.
3. On or about 22 July 2002, the applicant was assigned to duty in the Federal Republic of Germany (FRG) as a cable systems installer with Company C, 440th Signal Battalion, 22nd Signal Brigade.
4. On 1 October 2003, the applicant was advanced to specialist, pay grade E-4.
5. On 13 July 2005, the applicant was honorably discharged from active duty due to a physical disability. He completed 2 years, 11 months, and 22 days of his 3-year tour of duty in the FRG. His DD Form 214 shows his awards as:
* Army Commendation Medal
* National Defense Service Medal
* Global War on Terrorism Expeditionary Medal
* Global War on Terrorism Service Medal
* Army Service Ribbon
* Overseas Service Ribbon
6. Army Regulation 600-8-22 (Military Awards) states:
a. The AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity. Although there is no automatic entitlement to the AGCM, disqualification must be justified. Any one of the following periods of continuous enlisted active Federal military service qualifies for award:
* Each 3 years completed on or after 27 August 1940
* For first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946
* For first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year
* For first award only, upon termination of service, on or after 27 June 1950, of less than 1 year when final separation was by reason of physical disability incurred in line of duty
* For first award only, for those individuals who died before completing 1 year of active Federal service if the death occurred in the line of duty.
b. The Army Lapel Button is a gratuitous issue item authorized for Soldiers who are discharged with an honorable characterization of service.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected by showing award of the AGCM and the OSR because he earned these awards but they were never added to his DD Form 214.
2. The available evidence shows that the OSR is already included on his DD Form 214. Therefore, this portion of the request requires no further action.
3. The available evidence shows that the applicant completed the required period of service for award of the AGCM. Furthermore, he was awarded a personal decoration (Army Commendation Medal) and had attained the rank of specialist, pay grade E-4. There is no evidence of any disciplinary action or other incidents that would have precluded his being recommended for award of this medal. Accordingly, he should be awarded the AGCM for the 3-year period
14 February 2002 to 13 February 2005.
4. The applicant was discharged with an honorable characterization of service. Therefore, it would be appropriate to issue him an Army Lapel Button and to show it on his DD Form 214.
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 Army Good Conduct Medal for the period 14 February 2002 to 13 February 2005;
b. issuing him the Army Lapel Button; and
c. showing, in addition to the awards already-shown on his DD Form 214, that his awards include:
* Army Good Conduct Medal
* Army Lapel Button
2. The Board further determined 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 the Overseas Service Ribbon.
_______ _ _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) AR20140016694
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ABCMR Record of Proceedings (cont) AR20140016694
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