IN THE CASE OF:
BOARD DATE: 20 August 2015
DOCKET NUMBER: AR20140019953
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) to show the correct spelling of his first name and that he was awarded the Army Achievement Medal (Second Award). He also requests award of the Army Good Conduct Medal.
2. The applicant states:
* his first name is misspelled on his DD Form 214
* he was never awarded an Army Good Conduct Medal
* he was awarded two Army Achievement Medals
* he has always believed that the reason he did not receive the Army Good Conduct Medal was because he separated from the Army 9 days prior to reaching 3 years of service
* he never had a discussion about the Army Good Conduct Medal with his company commander or any other member in his chain of command
* his military service was stellar and he had absolutely no disciplinary issues
* he has numerous letters of commendation and recommendation from high brass
3. The applicant provides:
* pages 30 and 32 of Army Regulation 600-8-22 (Military Awards)
* DD Form 214, dated 10 June 1983
* Army Achievement Medal Certificate, dated 24 January 1982
* Army Achievement Medal Certificate, dated 22 February 1983
* Certificate of Achievement, dated 25 November 1981
* Letter of Commendation, dated 24 January 1983
* Honorable Discharge Certificate, dated 27 September 1985
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. A review of the available records shows that administrative correction action occurred on 25 February 2015, when the applicant was issued a DD Form 215 (Correction to DD Form 214) by the National Archives and Records Administration that corrected the spelling of his first name and number of awarded Army Achievement Medals. Therefore, no further reference will be made in these proceedings to those two specific requests. These proceedings will solely address award of the Army Good Conduct Medal.
3. The applicant enlisted in the Regular Army for 3 years on 19 June 1980. He completed training as a military policeman.
4. After completing 2 years, 11 months and 22 days of net active service, the applicant was honorably released from active duty at the expiration of his term of service in pay grade E-4.
5. His DD Form 214 shows the following awards:
* Sharpshooter Marksmanship Qualification Badge with M-16 Rifle and Hand Grenade Bars
* Marksman Marksmanship Qualification Badge with .45 Caliber Pistol Bar
* Army Service Ribbon
* Army Achievement Medal
* Overseas Service Ribbon
6. 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 active Federal military service. For the first award only, the Army Good Conduct Medal is awarded upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year. Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.
7. There is no evidence in his records of any court-martial convictions, personnel actions, or statements that would justify disqualification for award of the Army Good Conduct Medal.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions have been noted. His supporting evidence has been considered.
2. There is no evidence in his record of any court-martial convictions, unfavorable personnel actions, or statements that would justify disqualification for award of the Army Good Conduct Medal. In accordance with Army Regulation 600-8-22, he should be awarded the Army Good Conduct Medal (1st Award) for the period 19 June 1980 through 10 June 1983 and his DD Form 214 should be corrected to show this award.
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 (1st Award) for the period 19 June 1980 through 10 June 1983; and
b. amending his DD Form 214 to add the Army Good Conduct Medal.
_______ _ __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) AR20140019953
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ABCMR Record of Proceedings (cont) AR20140019953
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