IN THE CASE OF: BOARD DATE: 7 February 2013 DOCKET NUMBER: AR20120014056 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 award of the Army Good Conduct Medal and the Army Service Ribbon. 2. The applicant states these two awards are not shown on his DD Form 214. 3. The applicant provides a copy of a letter from the Clothing and Heraldry Product Support Integration Directorate, mailed on 10 April 2007. 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. On 3 August 1978, the applicant enlisted in the Regular Army. He completed his initial training and was awarded military occupational specialty 95B (Military Policeman). 3. On 8 June 1981, the Personnel Officer, 573rd Personnel Service Company, Fort Bragg, NC, notified the applicant's company commander of the applicant's eligibility for the Army Good Conduct Medal. The commander indicated his approval and initialed the correspondence. 4. On 31 July 1981, the applicant was released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement). He had attained the rank of specialist four, pay grade E-4 and had completed 2 years, 11 months, and 28 days of creditable active duty service. 5. The applicant's DD Form 214 lists his awards as the Expert Marksmanship Qualification Badge with Rifle, Grenade, and Pistol Bars, and the Parachutist Badge. 6. Army Regulation 600-8-22 (Military Awards): a. 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 Army Good Conduct Medal, disqualification must be justified. b. The Army Service Ribbon was established by the Secretary of the Army on 10 April 1981. Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award upon successful completion of initial entry training. The award may be awarded retroactively to those personnel who completed the required training before 1 August 1981 provided they had an Active Army status on or after 1 August 1981. DISCUSSION AND CONCLUSIONS: 1. The applicant contends that his DD Form 214 should be corrected to show award of the Army Good Conduct Medal and the Army Service Ribbon. 2. The evidence of record clearly shows that the applicant's commander had approved him for award of the Army Good Conduct Medal. However, there are no available orders in his records. It would be appropriate to award the applicant this medal and to show it on his DD Form 214. 3. Records show the applicant was released from active duty on 31 July 1981, one day prior to the effective date for the Army Service Ribbon. Therefore, this portion of his request should be denied. 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 the applicant the Army Good Conduct Medal for the period from 3 August 1978 to 31 July 1981; b. showing on the applicant's DD Form 214, in addition to the awards already-shown, that his awards include the Army Good Conduct Medal. 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 the Army Service Ribbon. _______ _ __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) AR20120014056 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20120014056 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1