ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	BOARD DATE:  16 September 2019

	DOCKET NUMBER:  AR20170014974


APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or 
Discharge from Active Duty) to add his Army Good Conduct Medal (AGCM) and his 
secondary duty military occupational specialty (MOS) of 54B

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	DD Form 214
*	DA Form 2166-7 (Noncommissioned Officer Evaluation Report)
*	Army Good Conduct Medal certificate
*	Honorable Discharge certificate

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, in effect, he was awarded an AGCM, which is not reflected on 
his DD Form 214.  In addition, his secondary duty MOS was never included on his DD 
Form 214. 

3.  The applicant provides 

   a.	DA Form 2166-7, covering the period of March 1999 thru August 1999, reflects in 
Part I, block e (Primary MOS classification (MOSC)) 31R2O and in Part III, block b 
(Duty MOSC) 54B.
   
   b.	Army Good Conduct Medal certificate, for exemplary behavior, efficiency and 
fidelity in active federal military service from 17 June 1996 to 16 June 1999.
   
   c.	Honorable Discharge certificate, reflects he was honorably discharged from the 
U.S. Army on the 29th day of June 1999.
4.  A review of the applicant’s service record shows:

  a.	He enlisted in the regular Army on 17 June 1996, with the MOS of 31R 
(Transmission System Operator).  His record is void of orders or a DA Form 1059 (), 
showing he was awarded the MOS, 54B.

b.	He reenlisted on 30 June 1999 for four years.

  c.	He accepted nonjudicial punishment on:

*	5 June 2000 for failing to go at the time prescribed to his appointed place of 
duty on 13 January 2000, 21 March 2000, and twice on 1 May 2000
*	17 July 2000 for failing to go at the time prescribed to his appointed place of 
duty on 22 June 2000; his punishment consisted of a reduction to 
Specialist/E-4


  d.	He was discharged on 21 December 2000, under the provisions of Army 
Regulation (AR) 635-200 (Personnel Separations), Chapter 14-12b, for pattern of 
misconduct, with a characterization of service of general under honorable conditions.  
In block 13 (decorations, medals, badges, citations and campaign ribbons awarded or 
authorized), shows he was awarded or authorized the:

*	Army Commendation Medal
*	Armed Forces Expeditionary Medal
*	Army Service Ribbon
*	Overseas Service Ribbon
*	Sharpshooter Marksmanship Qualification Badge, with Rifle Bar 

5.  AR 600-8-22 prescribes Army policy, criteria, and administrative instructions 
concerning individual military awards.  Paragraph 4-5 states, each 3 years of continuous 
enlisted active Federal military service completed on or after 27 August 1940 qualifies 
for award of the AGCM.

6.  AR 635-5 (Personnel Separations – Separation Documents) prescribes the 
separation documents that must be prepared for soldiers on retirement, discharge, 
release from active duty service, or control of the Active Army. It establishes 
standardized policy for preparing and distributing the DD Form 214 (Certificate of 
Release or Discharge from Active Duty).



BOARD DISCUSSION:

After review of the application and all evidence, the Board found some relief was 
warranted.  The applicant’s contentions were carefully considered.  The evidence 
provided shows he was awarded the Army Good Conduct Medal; however, the award 
was not added to his DD FORM 214.  Although he was slotted in a 54B position at one 
time, the Board agreed his record is absent evidence showing he was awarded 54B as 
a secondary MOS for one or more years.  

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 adding the 
Army Good Conduct Medal to his DD Form 214 for the period ending 5 June 2004.

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 adding a secondary military occupational specialty.

	  
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.



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.  AR 600-8-22 prescribes Army policy, criteria, and administrative instructions 
concerning individual military awards.  Paragraph 4-5 states, each 3 years of continuous 
enlisted active Federal military service completed on or after 27 August 1940 qualifies 
for award of the AGCM.

3.  AR 635-5 prescribes the separation documents that must be prepared for soldiers on 
retirement, discharge, release from active duty service, or control of the Active Army.  It 
establishes standardized policy for preparing and distributing the DD Form 214 
(Certificate of Release or Discharge from Active Duty).

   a.	Paragraph 2-1 states, the DD Form 214 is a summary of a soldier’s most recent 
period of continuous active duty. It provides a brief, clear-cut record of active duty 
service at the time of release from active duty, retirement, or discharge.  The DD Form 
214 is not intended to have any legal effect on termination of a soldier’s service.  
   
   b.	Paragraph 2-4h (11) PRIMARY SPECIALTY. From the ERB/ORB, enter the titles 
of all MOS or AOC served for at least 1 year and include for each MOS/AOC the 
number of years and months served.

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20170014974

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