IN THE CASE OF:	  

		BOARD DATE:	    20 August 2015

		DOCKET NUMBER:  AR20140021743 


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 he was awarded the Army Commendation Medal (ARCOM) and the Army Good Conduct Medal (AGCM) (2nd Award).

2.  The applicant states the ARCOM was presented to him 1 day before he was released from the Army and the AGCMs were not submitted for addition to his DD Form 214 prior to his discharge.

3.  The applicant provides:

* a memorandum for record
* a DA Form 638 (Recommendation for Award)
* three orders

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's records show he enlisted in the Regular Army on 20 November 1996 and he was discharged due to disability with severance pay on 4 November 1998.  His DD Form 214 for this period does not show award of the ARCOM or AGCM.

3.  On 21 July 2004, he again enlisted in the Regular Army.

4.  The applicant submitted:

	a.  a memorandum for record, dated 22 January 2007, which states he:

		(1)  was overdue for award of two AGCMs for the periods 13 September 1998 to 12 September 2001 and 13 September 2001 to 12 September 2004;

		(2)  he never received an AGCM from the unit he was assigned to, but had received the Air Force Good Conduct Medal; and

		(3)  had not received action under the Uniform Code of Military Justice during the recommended award period.

	b.  Permanent Order 038-01, dated 7 February 2007, awarding him the AGCM (1st Award) for the period of service from 13 September 1998 to 12 September 2001;

	c.  Permanent Order 038-02, dated 7 February 2007, awarding him the AGCM (2nd Award) for the period of service from 13 September 2001 to 12 September 2004; and

	d.  a DA Form 638, dated 15 May 2007, showing Permanent Order Number 136-1, dated 16 May 2007, awarded him the ARCOM for meritorious service during the period 13 January 2005 to 31 May 2007.

5.  On 19 May 2007, he was again discharged due to disability with severance pay.  His DD Form 214 for this period shows award of the AGCM (2nd award), but does not show award of the ARCOM.

6.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It established standardized policy for preparation of the DD Form 214.  The instructions stated to enter awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 (Military Awards) on the DD Form 214.

7.. 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.  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.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.

DISCUSSION AND CONCLUSIONS:

1.  Permanent orders show the applicant was awarded the ARCOM.  His DD Form 214 should be corrected to show this award.

2.  Permanent Order 038-01 awarded him the AGCM (1st Award) for the period of service from 13 September 1998 through 12 September 2001.  However, his DD Form 214 for the period ending 4 November 1998 shows he actually served from 20 November 1996 to 4 November 1998.  Therefore, the period of service in Permanent Order 038-01 should read 20 November 1996 through 4 November 1998.

3.  Permanent Order 038-02 awarded him the AGCM (2nd Award) for the period of service from 13 September 2001 through 12 September 2004.  However, his DD Form 214 for the period ending 19 May 2007 shows he enlisted after a break in service and actually served from 21 July 2004 through 19 May 2007, which is only a period of 2 years, 9 months, and 29 days.  Since this period of service was less than the requisite 3 years to qualify for a subsequent award of the AGCM, Permanent Order Number 038-02 was issued in error and should be revoked.

4.  Although Permanent Orders 038-02 and his DD Form 214 for the period ending 19 May 2007 erroneously show award of two AGCMs, it has long been an unwritten policy of the Board that an applicant will not be made worse off than when they applied to the Board.  For this reason, the Board will not take any action to effect the administrative change to revoke orders 038-02 or to delete the AGCM 2nd award from his 19 May 2007 DD Form 214.  However, the applicant should be aware that the referenced documents are filed in his OMPF. 



BOARD VOTE:

______  _________  _________  GRANT FULL RELIEF 

____X____  ____X____  ___X_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:
1.  The Board determined the evidence presented is 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 adding the ARCOM to his DD Form 214 for the period ending 19 May 2007.

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 correcting his record to show award of two AGCMs.



      ____________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)                                         AR20140021743



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ABCMR Record of Proceedings (cont)                                         AR20140021743



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