BOARD DATE:	  21 July 2015

		DOCKET NUMBER:  AR20150006894 


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 the following corrections to his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 30 June 1987:

	a.  Remove the entry "United States Military Academy Preparatory School, 42 weeks (June 1987)" from item 14 (Military Education); and 

	b.  Add award of the Army Good Conduct Medal (AGCM) to item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized).

2.  The applicant states his DD Form 214 from his prior enlisted service erroneously indicates that he attended the United States Military Academy Preparatory School (USMAPS) prior to attending the United States Military Academy (USMA).  He did not attend USMAPS; rather, he received a direct appointment to the USMA.  He also believes he was eligible for the AGCM, but he was not awarded an AGCM upon completion of his enlisted service despite having received no nonjudicial punishment or other derogatory personnel actions.

3.  He further states that he has always heard of the paramount importance of ensuring that one's DD Form 214 is completely accurate.  Previously service Military Personnel Detachments at West Point, Fort Bragg, and Carlisle Barracks informed him that he must request correction of his DD Form 214 through the Army Board for Correction of Military Records (ABCMR).  He put off making this request until now, as he is beginning to plan for his eventual retirement from active duty and wants to ensure the total accuracy of all his military records.

4.  The applicant provides:

* DD Form 214
* DA Form 2-1 (Personnel Qualification Record - Part II)
* Reassignment orders
* Release from active duty (REFRAD) 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 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 28 October 1986.  Upon completion of One Station Unit Training (OSUT) at Fort Benning, GA, he was awarded military occupational specialty 11B (Infantryman).

3.  Following completion of OSUT he attended and successfully completed Airborne training, also at Fort Benning, from 20 February to 13 March 1987.

4.  On 13 March 1987, the applicant was assigned to Headquarters and Headquarters, 75th Ranger Regiment for participation in the 3-week Ranger Indoctrination Program (RIP).

5.  Upon completion of RIP, the applicant was assigned to the 3rd Battalion, 75th Ranger Regiment with a reporting date of 18 April 1987.

6.  Headquarters, U.S. Army Infantry Center, Fort Benning, Order 140-002, dated 20  May 1987, show he was reassigned from 3rd Battalion, 75th Ranger Regiment to Cadet Detachment, 1st Battalion, 1st Infantry, USMA, West Point, NY with a reporting date of 1 July 1987.  The authority for this order is shown as USMA Letter dated 8 April 1987.

7.  On 30 June 1987, the applicant was relieved from active duty (REFRAD) and transferred to U.S. Army Control Group (Reinforcement) in the rank/pay grade of private/E-2 for the purpose of entering a service academy.  The DD Form 214 issued to him at the time reflects the following pertinent information:

	a.  Item 12c (Net Active Service This Period) shows he completed 8 months and 2 days of active duty service.

	b.  Item 13 does not show award of the AGCM.

	c.  Item 14 contains the entry  "United States Military Academy Preparatory School, 42 weeks (June 1987)" which indicates he completed the 42-week course in June 1987.

	d.  Item 19 (Mailing Address After Separation) shows his mailing address as United States Corps of Cadets, USMA, West Point, NY.

8.  The applicant's record, to include his DA Form 2-1, is void of any evidence showing that he attended the United States Military Academy Preparatory School or that he was awarded the AGCM.

9.  The applicant completed a USMA Oath of Allegiance upon his appointment as a cadet of the USMA.

10.  On 1 June 1991, the applicant graduated from the USMA and was appointed and commissioned as a second lieutenant/O-1 in the Regular Army.  His transcript shows he entered USMA on 1 July 1987 and bears no indication that he attended the USMAPS.

11.  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.  Release from enlisted status for entry into service as a cadet or midshipman at any United States service academy, or discharge from enlisted status for immediate entry on active duty in an officer status is considered termination of service for awarding the AGCM.  A minimum of 12 months enlisted service is required and must have been completed for first award of the AGCM; otherwise, the full 3 years of qualifying service is required.


12.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  In establishes standardized policy for the preparation of the DD Form 214.  In pertinent part, it states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.  It is important that information entered on the form should be complete and accurate.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions were carefully considered and determined to have partial merit.

2.  The applicant states that he never attended the USMAPS and his record is void of any evidence showing that he did.  Therefore, it would be appropriate to remove the entry "United States Military Academy Preparatory School, 42 weeks (June 1987)" from item 14 of his DD Form 214.

3.  Release from enlisted status for entry into service as a cadet at the USMA is considered termination of service for awarding the AGCM.  A minimum of 12 months enlisted service is required and must have been completed for the first award of the AGCM; otherwise, the full 3 years of qualifying service is required.  Therefore, the applicant's 8 months and 2 days of active enlisted service is not considered to be a qualifying period of service for award of the AGCM.  As such, there is no basis for awarding him the AGCM or adding it to 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 removing the entry "United States Military Academy Preparatory School, 42 weeks (June 1987)" from item 14 of his DD Form 214.

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 awarding him the AGCM.  



      _______ _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)                                         AR20150006894



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ABCMR Record of Proceedings (cont)                                         AR20150006894



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