IN THE CASE OF:
BOARD DATE: 30 June 2015
DOCKET NUMBER: AR20140018508
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 of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Army Good Conduct Medal (AGCM) (2nd Award).
2. The applicant states he was not given his the AGCM (2nd Award) because of an error on his DD Form 214. His DD Form 214 shows he was released on terminal leave but his release date was 1 April 1987. He arrived at Fort Jackson on 1 April 1981. This gives him 6 years of service.
3. The applicant provides his DD Form 214.
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. After serving 1 month and 26 days in the Delayed Entry Program, the applicant enlisted in the Regular Army on 2 April1 1981. He enlisted for a four year obligation. He served in military occupational specialty 63B (Light Wheeled Vehicle Mechanic).
3. A DA Form 1695 (Oath of Extension of Enlistment), dated 16 July 1982, shows he extended his enlistment by 11 months in order to meet overseas assignment requirements.
4. Permanent Orders 83-4, issued by U.S. Army Regional Personnel Center Schweinfurt, Germany, dated 18 May 1984 shows he was awarded the AGCM for the period 2 April 1981 to 1 April 1984.
5. On 1 March 1986, he was honorably released from active duty due to completion of his term of service and transferred to the U.S. Army Reserve. He completed 4 years and 11 months of net active service this period.
6. Army Regulation 600-8-22 (Military Awards) states 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that he is entitled to the AGCM (2nd Award) has been noted.
2. Records show he served on active duty for 4 years and 11 months. He was awarded the AGCM (1st Award) for that period of service. He did not complete the required service for award of the AGCM (2nd Award).
3. In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's 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) AR20140018508
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140018508
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