ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF: 

	BOARD DATE:  6 May 2019

	DOCKET NUMBER:  AR20160019194


APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending November 28, 1980, to show in:

* item 4b (Pay Grade) – "E5"
* item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) – Army Good Conduct Medal (AGCM) (2nd Award)
* item 14 (Military Education) –  Basic Leadership Course, 3 weeks, 1980 

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* Certificate of Training for the Basic Leadership Course School
* DD Form 214

FACTS:

1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 

2. The applicant states he attended the Basic Leadership Course, was promoted to E-5, which was approved through the battalion commander, and he served six years and only received one AGCM.

3. On 29 November 1976, the applicant enlisted in the Regular Army.

4.  On 28 November 1980, he was honorably released from active duty upon the completion of his required service.  His DD Form 214 shows:

* item 4a – "SP4"
* item 4b – "E4"
* item12c (Net Active Service This Period) – "0004 00 00"
* item 13 – "Driver Badge, Expert Badge M-16, Marksman Badge Hand Grenade, Good Conduct Medal"
* item 14 – Basic Leadership Course is not listed

5.  A review of his records show:

a. Orders 95-68, issued by 189th Personnel Service Company, dated 26 October 
1978, in which he was promoted to specialist four (SP4), with an effective date of 
1 November 1978.

b.  Permanent Orders 14-2, issued by Headquarters, 573rd Personnel Service 
Company, Fort Bragg, North Carolina, dated 31 March 1980, in which he was awarded the AGCM (1st Award) for the period 29 November 1976 to 28 November 1980.

6.  His DA Form 2-1 (Personnel Qualification Record) shows in:

a. Item 17 (Civilian Education and Military Schools) does not list the Basic 
Leadership Course.

b. Item 18 (Appointments and Reductions), that he was promoted to SP4 on 
1 November 1978.

7.  The applicant’s records do not show he was promoted to the rank/grade of specialist five (SP5)/E5, prior to his release from active duty on 28 November 1980.

8.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the AGCM was awarded for each 3-year period of continuous enlisted active Federal military service completed on or after 27 August 1940; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  The enlisted person must be evaluated as meeting all requirements and expectations for one of his grade, occupational specialty, and experience, and no convictions by court-martial.  

9.  The applicant provides a copy of a Certificate of Training that shows he successfully completed the Basic Leadership Course School for the period 11 April 1980 through 
1 May 1980.

10.  Army Regulation 635-5 (Separation Documents), states to list in-service training courses (full time attendance only), listing the title, number of weeks, month and year, successfully completed during this period of service.  The applicant attended and successfully completed the 3-week Basic Leadership Course 1 May 1980.
 


BOARD DISCUSSION:

After review of the application and all evidence, the Board determined that there is sufficient evidence to grant partial relief.  Evidence indicates that the applicant did attend the Basic Leader Course from 11 April 1980 to 1 May 1980 and this was not reflected on the applicant’s DD Form 214. However, there is insufficient evidence that the applicant was ever promoted to the rank/grade of sergeant/E5 and the applicant did not meet the regulatory requirements for a second Army Good Conduct Medal at the time of his discharge.




BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:X	:X	:X	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 amending the applicant’s DD Form 214:

Enter in item 14 (Military Education) “Basic Leadership Course – 4 wks (May 1980)”

2.  The Board further determined 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 Promotion to the rank/grade of sergeant/E5 and second award of the Army Good Conduct Medal.


	 
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.


ADMINISTRATIVE NOTE(S):

Not Applicable


REFERENCES:

1.  Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.
.
2.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the AGCM was awarded for each 3-year period of continuous enlisted active Federal military service completed on or after 27 August 1940; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than
1 year. The enlisted person must be evaluated as meeting all requirements and expectations for one of his grade, occupational specialty, and experience, and no convictions by court-martial.  

3.  Army Regulation 635-5 (Separation Documents), effective 1 October 1979, states to list in-service training courses (full time attendance only, except as stated herein): title, number of weeks, month and year, successfully completed during this period of service; e.g., medical, dental, electronics, supply, administration, personnel, or heavy equipment operations. Command and General Staff College and senior service colleges completed by correspondence courses will be listed. This information is to assist the member after separation in job placement and counseling; therefore, training courses for combat skills will not be listed.  

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20160019194
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