IN THE CASE OF:  	  

		BOARD DATE:  20 October 2015	  

		DOCKET NUMBER:  AR20150003446 


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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending on 23 November 1982 to show she was awarded the Army Good Conduct Medal and the National Defense Service Medal (2nd Award).

2.  The applicant states, in effect, the retroactive awards of the Army Good Conduct Medal for the period 26 November 1980 to 23 November 1982 and the National Defense Service Medal for the periods 15 April 1989 through 18 April 1995 and 10 August 1999 to present have not been annotated in her records.

3.  The applicant provides:

* DD Form 214
* Honorable Discharge Certificate - Army
* a memorandum, dated 23 February 1990
* Notification of Eligibility for Retired Pay at Age 60 (20-Year Letter)
* Chronological Statement of Retirement Points, dated 15 February 2015

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 26 November 1980.  

3.  She was honorably released from active duty on 23 November 1982 and transferred to U.S. Army Reserve (USAR) Control Group (Annual Training).  Her DD Form 214 shows she was awarded or authorized the Army Service Ribbon and the Overseas Service Ribbon.  

4.  Her record does not contain any derogatory information that would indicate her commander intended to deny her the Army Good Conduct Medal.

5.  She provided a chronological statement of retirement points showing the following periods of military service:

* Regular Army:  25 September 1980 - 23 November 1982
* USAR:  24 November 1982 - 25 November 1986
* Break in Service:  26 November 1986 - 25 June 1987
* U.S. Navy Reserve (USNR):  26 June 1987 - 14 April 1989
* USAR:  15 April 1989 - 18 April 1995
* Break in Service:  19 April 1995 - 9 August 1999
* Army National Guard (ARNG):  10 August 1999 - 9 August 2005
* USAR:  10 August 2005 - 9 August 2014 (it is presumed this service has continued to the present date)

6.  Her record contains a memorandum, dated 23 February 1990, wherein her commander at the time requested the Commander, USAR Personnel Center (ARPERCEN) retroactively award her with the Army Good Conduct Medal for the period 26 November 1980 to 23 November 1982.  However, her record does not contain any evidence that indicates ARPERCEN took any action on this request.

7.  Her DA Form 2-1 (Personnel Qualification Record – Part II), which is part of her official military record, shows she was awarded the National Defense Service Medal (2nd Award).  

8.  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.  

9.  Army Regulation 600-8-22 states the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 
30 November 1995, and 11 September 2001 and a date to be determined.  Second and subsequent awards of the National Defense Service Medal are denoted by a bronze service star affixed to the National Defense Service Medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant served on active duty from 26 November 1980 to 23 November 1982 and was honorably released from active duty.  Her record does not contain any derogatory information that would indicate her commander intended to deny her this award.  It appears she met the criteria for award of the Army Good Conduct Medal. 

2.  Her official military record does indicate she received two awards of the National Defense Service Medal.  However, these awards are properly not listed on her DD Form 214 because the awards were for two periods that occurred after the period covered by her 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 her the Army Good Conduct Medal (1st Award) for the period 
26 November 1980 to 23 November 1982; and 

	b.  adding to her DD Form 214 for the period ending 23 November 1982 the Army Good Conduct Medal (1st Award).

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 adding two awards of the National Defense Service Medal to her DD Form 214 for the period ending 23 November 1982.



      _______ _   _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)                                         AR20150003446





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ABCMR Record of Proceedings (cont)                                         AR20150003446



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