RECORD OF PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            09 DECEMBER 2003                  
	DOCKET NUMBER:   AR2003091063

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Mr. Kenneth H. Aucock		Analyst	

  The following members, a quorum, were present:

	Mr. Mark D. Manning		Chairperson	
	Mr. Raymond J. Wagner		Member	
	Ms. Eloise C. Prendergast		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:  

1.  The applicant requests that his record be corrected to show six awards of the Army Good Conduct Medal, an award of the Bronze Star Medal, and an award of the Army Achievement Medal.

2.  The applicant states that the awards should be indicated on his DD Form 214 (Certificate of Release or Discharge from Active Duty).

3.  The applicant provides a certificate showing that he was awarded the Army Achievement Medal.

CONSIDERATION OF EVIDENCE: 

1.  The applicant is requesting correction of an error or injustice which occurred on 2 July 1992.  The application submitted in this case is dated 8 January 2003.  

2.  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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitation if the ABCMR determines that it would be in the interest of justice to do so.  In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant enlisted in the Army for 3 years on 15 March 1977.  He trained as a radio teletype operator and completed airborne training.  He reenlisted for    4 years on 11 December 1979, reenlisted again for 3 years on 5 December 1985, and again for 6 years on 12 April 1988.  His Official Military Personnel File (OMPF) shows three awards of the Army Good Conduct Medal, for the periods 15 March 1977 through 14 March 1980, 15 March 1980 through 14 March 1983, and 15 March 1983 through 14 March 1986.    

4.  The applicant has served in various locations throughout the world, to include Germany; Fort Lewis, Washington; Korea; Fort Gordon, Georgia; Fort Bragg, North Carolina; and Saudi Arabia.  He has completed numerous courses of instruction to include the Basic Noncommissioned Officer Course (BNCOC) in 1990.  He was promoted to sergeant in December 1984.  He was awarded the Army Commendation Medal for meritorious service for the period 7 March 1986 through 6 May 1987, and the 1st oak leaf cluster to that medal for meritorious service for the period 10 June 1987 through 23 February 1989.

5.  In January 1992 the applicant was assigned to Company B, 82nd Signal Battalion, at Fort Bragg.  In February 1992, the applicant volunteered for the     FY 92 early transition program.  His request was approved and he was discharged at Fort Bragg on 2 July 1992 and transferred to the Army Reserve Control Group at St. Louis.  His last duty assignment shown on his DD Form 214 was Company B, 82nd Signal Battalion.  He had 15 years, 3 months, and          18 days of service.  His awards, other than those indicated above, include the Army Service Ribbon, National Defense Service Medal, Southwest Asia Service Medal with two bronze service stars, Parachute Badge, three awards of the Overseas Service Ribbon, two awards of the NCO Professional Development Ribbon, and an award of the German Armed Forces Parachute Badge.  His DD Form 214 does not reflect award of the Bronze Star Medal nor the Army Achievement Medal.  

6.  The certificate that he submits with his request shows that he was awarded the Army Achievement Medal for meritorious service while assigned to Bravo Company, 82nd Signal Battalion from 20 January 1992 to 3 June 1992. 

7.  The applicant's OMPF does not reflect an award of the Bronze Star Medal, nor a recommendation for that award.  

8.  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 Federal military service.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.
  
9.  Army Regulation 600-8-22 provides, in pertinent part, that the Bronze Star Medal is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy.  The primary requirement for award of this, or any decoration, is that a formal recommendation must be prepared and administratively entered into official military channels by someone having witnessed or with knowledge of the act, achievement, or service to be honored.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence and the applicant has not submitted any, to show that he was awarded the Bronze Star Medal or that he was recommended for that award.  Consequently, his request to correct his record to show that award cannot be granted.  

2.  The applicant's last period of service prior to his discharge was with Company B, 82nd Signal Battalion.  The award certificate that he submits with his request indicates his meritorious service with that unit.  The applicant was awarded the Army Achievement Medal.  His record should reflect this award.  

3.  The applicant's service subsequent to the ending period of his third award of the Army Good Conduct Medal was honorable and faithful, as indicated by his completion of BNCOC, his two awards of the Army Commendation Medal, and his award of the Army Achievement Medal.  He is entitled to award of the Army Good Conduct Medal for the period 15 March 1986 through 14 March 1989 (fourth award), and 15 March 1989 through 14 March 1992 (fifth award).  These two awards should be reflected on his record.  

4.  The applicant does not have the required 3 years of service for a sixth award of the Army Good Conduct Medal.  His request in this respect cannot be granted.   
BOARD VOTE:

__MDM__  __RJW__  __ECP __  GRANT 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 and to excuse failure to timely file.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing award of the Army Achievement Medal; and award of the Army Good Conduct Medal for the period 15 March 1986 through 14 March 1989 (fourth award), and 15 March 1989 through 14 March 1992 (fifth 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 award of the Bronze Star Medal, and to a sixth award of the Army Good Conduct Medal.  

		___ Mark D. Manning_____
		        CHAIRPERSON

INDEX

CASE ID	AR2003091063	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20031209	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.