BOARD DATE: 15 August 2017 DOCKET NUMBER: AR20160000973 BOARD VOTE: ____x_____ ___x____ ____x____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 15 August 2017 DOCKET NUMBER: AR20160000973 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is 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 27 December 1979 through 29 November 1982 and b. amending his DD Form 214 for the period ending 29 November 1982 by adding the Army Good Conduct Medal (1st Award). ____________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. BOARD DATE: 15 August 2017 DOCKET NUMBER: AR20160000973 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 the Army Good Conduct Medal and any other awards he is authorized. 2. The applicant states his Army Good Conduct Medal does not appear on his DD Form 214 and he would like that corrected. He further asks that a review be conducted to see if he is eligible for any other awards. He is getting married soon and would like his military record to accurately reflect his service. 3. The applicant provides no additional documentary evidence. 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 27 December 1979 for a 3-year term. He held military occupational specialty 31M (Multichannel Communications Equipment Operator). 3. His available service record contains the following documents: a. DA Form 2-1 (Personnel Qualification Record – Part II): (1) Item 9 (Awards, Decorations, and Campaigns) lists the Army Service Ribbon and the Overseas Service Ribbon. It does not show any other awards. (2) Item 18 (Appointments and Reductions) shows a progression of promotions from private (PV1)/E-1 to specialist four (SP4)/E-4 with no reductions. (3) Item 35 (Record of Assignments) reflects assignments at Fort Hood, TX, and Germany. b. His record is void of orders awarding him the Army Good Conduct Medal; nor are there any other award orders filed in his record. His available service records do not contain any derogatory information, and there is no indication his commander sought to disqualify him for the Army Good Conduct Medal. 4. He was honorably released from active duty (REFRAD) on 29 November 1982. His DD Form 214 shows he completed 2 years, 11 months, and 3 days of net active service. The DD Form 214 also indicates the following: * awarded or authorized the Army Service Ribbon and Overseas Service Ribbon * item 26 (Separation Code (SPD)) – "LBM" (short length of time remaining on active duty precludes reassignment) * item 27 (Reenlistment Code) – "RE-2" (fully qualified for immediate reenlistment; however, circumstances preclude immediate reenlistment) * item 28 (Narrative Reason for Separation) – "short length of time remaining on active duty precludes reassignment" 5. His available service record shows he continued his military service following his REFRAD. a. Orders Number D-12-076148, dated 26 December 1985, issued by the U.S. Army Reserve (USAR) Personnel Center, honorably discharged the applicant from the USAR Ready Reserve, effective 26 December 1985. b. National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service), ending 17 February 1989, indicates the applicant executed an interstate transfer from the California Army National Guard (CAARNG), and continued to serve honorably in the Colorado ARNG (COARNG). His NGB Form 22 indicates he completed 1 year and 3 months in the ARNG. He was awarded or authorized the Army Service Ribbon, Overseas Service Ribbon, and the Army Lapel Button. REFERENCES: 1. Army Regulation (AR) 600-8-22 (Military Awards) states the Army Good Conduct Medal is awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940. For the first award only, the Army Good Conduct Medal can be awarded upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year. However, there was no right or entitlement to the medal until the immediate commander has made a positive recommendation for its award, and until the awarding authority has announced the award in orders. 2. AR 635-5-1 (SPD), in effect at the time, provided specific regulatory and statutory authorities, as well as reasons for separation. Regarding SPD code "LBM," it cited paragraphs 5-12 (Overseas Returnees) or 5-14 (Enlisted Personnel Eliminated from Service Academies) of AR 635-200 (Personnel Separations – Enlisted Personnel) as the authority for separation. The narrative reason associated with this SPD was "short length of time remaining on active duty precludes reassignment." 3. AR 601-280 (Army Reenlistment Program), in effect at the time, established policy and procedures for Army reenlistments. Appendix D (Reenlistment Eligibility Codes) offered a listing of codes with accompanying explanations. Concerning RE-2, it stated this code meant the Soldier was fully qualified for immediate reenlistment, but was precluded by circumstances from immediate reenlistment (with examples given of Soldiers who were separated to accept a commission or whose enlistment expired while in cadet status). DISCUSSION: 1. While the applicant's available service record does not show he was awarded the Army Good Conduct Medal while on active duty, he appears to be eligible. * showed a steady progression in rank from PV1 through SP4; there were no reductions noted * no derogatory information in his available service record * no indication his commander sought to disqualify him for the Army Good Conduct Medal * honorably REFRAD from the Army; he separated for the convenience of the government due to a lack of sufficient remaining service to permit reassignment * was otherwise eligible for immediate reenlistment * continued to serve honorably both in the USAR and the ARNG 2. He does not appear to be eligible for any additional awards. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160000973 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160000973 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2