IN THE CASE OF:  

		BOARD DATE:  7 November 2018

		DOCKET NUMBER:  AR20170000012 


BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:x	:x	:x	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION



2 Enclosures
1.  Board Determination/Recommendation
2.  Evidence and Consideration



		IN THE CASE OF:  

		BOARD DATE:  7 November 2018

		DOCKET NUMBER:  AR20170000012 


APPLICANT'S REQUEST AND STATEMENT:

1.  The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) by adding the Army Commendation Medal, Army Achievement Medal (2nd award), and the Army Good Conduct Medal.

2.  The applicant states he was awarded the medals, but they do not appear on his DD Form 214.

THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:  

1.  Application for correction of military records with supporting document(s):  

* Army Commendation Medal (ARCOM)
* two Army Achievement Medals (AAM) 
* Army Good Conduct Medal (AGCM)

2.  Evidence from the applicant’s service record and Department of the Army and Department of Defense records and systems:

REFERENCES:

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. 

2.  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 active Federal military service.  A record of punishment is not automatically disqualifying.  Although there is no automatic entitlement to the AGCM, disqualification must be justified.  Current practice requires that the commander provide written notice of nonfavorable consideration and permits the individual to respond.

DISCUSSION:

1.  While 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 served on active duty from 28 July 1995 - 23 November 1998.

3.  On 2 April 1996, Headquarters, 2nd Battalion, 505th Parachute Infantry Regiment, 82nd Airborne Division Permanent Orders Number 93-48 awarded the applicant the AAM.

4.  On 4 November 1997, Headquarters, 2nd Battalion, 505th Parachute Infantry Regiment, 82nd Airborne Division Permanent Orders Number 308-29 awarded the applicant the AAM.

5.  On 31 August 1998, Headquarters, 3rd Brigade, 82nd Airborne Division Permanent Orders Number 243-13 awarded the applicant the ARCOM.

6.  The AGCM certificate shows the applicant was awarded the AGCM for his period of service from 28 July 1995 to 27 July 1998.  Orders announcing this award are not available.

7.  The applicant's 1998 DD Form 214 shows he served on active duty for 3 years, 3 months, and 26 days.  It lists his awards as the:

* Army Lapel Button
* National Defense Service Medal
* Army Service Ribbon
* Expert Qualification Badge with Bayonet Bar
* Parachutist Badge

8.  The applicant's record contains no derogatory entries, disciplinary actions, nonjudicial punishments, or court-martials that would suggest he was considered not eligible for award of the AGCM.  
8.  The ARCOM, AAM (2nd award), and the AGCM were omitted from his DD Form 214.  

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	AR20160005706



2

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS



ABCMR Record of Proceedings (cont)	AR20170000012



2

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS



Enclosure 2