IN THE CASE OF: BOARD DATE: 8 June 2021 DOCKET NUMBER: AR20210007470 APPLICANT REQUESTS: a. award of the Army Good Conduct Medal and b. correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show: * the proper spelling of his full name * award of the Army Good Conduct Medal (1st Award) * all authorized service medals * he is a high school graduate APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record under the Provisions of Title 10, U.S. Code, Section 1552), with a handwritten letter, undated * Community College High School Diploma, 6 December 1978 * State High School Diploma, 21 February 1979 * DD Form 214 FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10, U.S. Code, section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) 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: a. He is writing concerning award of the National Defense Service Medal and Army Good Conduct Medal, which were well deserved but not received. His evaluation as a specialist four/E-4 noted he scored 48 out of 50 points for a near perfect score. He was the distance champion runner for his battalion and competed at many levels. b. He was advanced and became the company commander's driver and drug and alcohol education specialist. He was eligible for consideration for promotion to the rank/grade of sergeant/E-5 at the age of 19. c. He questions why he did not receive any recognition for his service. 3. The applicant's military records contain no paper documents and a limited selection of documents in his official microfiche. The available documents in his microfiche are of poor quality. 4. His Standard Form 88 (Report of Medical Examination), 28 September 1977, shows his full name as S___. 5. Section III (Verification of Personal Data) of his DD Form 1966 (Application for Enlistment – Armed Forces of the United States), 6 October 1977, instructed: "If Preferred Enlistment Name (name given in block 1(Name)) is not the same as on your birth certificate and has not been changed by legal procedure prescribed by state law, complete the following": a. Item 23 (Name as Shown on Birth Certificate) shows he entered his first and last names as S___. b. He indicated: "I hereby state that I have not changed my name through any court or other legal procedure; and that I prefer to use the name by which I am known in the community as a matter of convenience and with no criminal or fraudulent intent. I further state that I am the same person as the person as the one whose name is shown in block 1." c. He signed the form as S___. 6. Armed Forces Examining and Entrance Station Enlistment Travel Order 210-3, 11 October 1977, shows he enlisted in the Regular Army on 11 October 1977 and was authorized transportation in connection with his enlistment. His name is shown as S___. 7. He received nonjudicial punishment on 29 March 1978 for stealing one pair of Foster Grant brand sunglasses on or about 3 March 1978, of a value of about $5.20, the property of the Army and Air Force Exchange Service Europe. Additionally, he was disorderly in Rheinland Kaserne on or about 4 March 1978, to wit: by participating in an affray. His punishment consisted of forfeiture of $50.00 pay per month for 1 month and 14 days of restriction and extra duty. 8. His DA Form 1059 (Service School Academic Evaluation Report), 30 August 1978, shows he achieved course standards for the Basic Noncommissioned Officer Course given at the 3d Infantry Division Noncommissioned Officer Academy, 3 August 1978 through 30 August 1978. 9. His Community College Diploma, 6 December 1978, certified he completed the requirements for a high school diploma and received a recommendation for issuance of a high school diploma. His name is shown as S___. 10. His State Diploma, 21 February 1979, certified he satisfactorily completed a course of study prescribed for graduation from the High Schools of the State and was therefore awarded his diploma. His name is shown as S___. 11. He was released from active duty on 10 October 1980 and transferred to the U.S. Army Control Group (Reinforcement). His DD Form 214 shows in: * item 1 (Name – Last, First, Middle) – S___, * item 12c (Net Active Service This Period) – 3 years * item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) – * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) * Sharpshooter Marksmanship Qualification Badge with Grenade Bar * item 16 (High School Graduate or Equivalent) – No 12. His DD Form 215 (Correction to DD Form 214), 9 January 1981, corrected the spelling of his last name from S___ to S___. 13. His State driver's license, 9 October 2009, shows his name as S___. 14. His available records are void of orders awarding him the Army Good Conduct Medal (1st Award). His records are also void of a DA Form 2-1 (Personnel Qualification Record – Part II), which may show his conduct and efficiency ratings. He completed 3 years of active service ending with his release from active duty. He had no court- martial convictions. His available records do not contain a commander's disqualification for the first award of the Army Good Conduct Medal. BOARD DISCUSSION: 1. After reviewing the application, all supporting documentation and evidence in the record, the Board found partial relief was warranted. The Board carefully considered the applicant’s request, military record and regulatory guidance. Based on the documentation available for review, the Board found that the applicant met regulatory requirements for the award of the Army Good Conduct Medal. In addition, the Board found sufficient evidence that he has successfully graduated from high school while in service. As his DD214 does not reflect the award of the AGCM or that he competed high school, the Board found relief was warranted for those two portions of his request. 2. The Board found insufficient documentation to support a further correction to spelling of his name. The Board noted that the applicant had been issued a DD215 reflecting the correct spelling of his last name. As the burden of proof lies on the applicant, in the absence of documentation verifying his full legal name used during his period of service, the Board denied that portion of the request. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF :XX :XX :XXX GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented 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 his DD215 to show in: * Block 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized: Army Good Conduct Medal * Block 16 (High School Graduate or Equivalent): Yes 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, 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 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 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the ABCMR. The ABCMR considers individual applications that are properly brought before it. The ABCMR will decide cases on the evidence of record; it is not an investigative body. The ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. 3. Army Regulation 672-5-1 (Military Awards), change 4, 20 June 1977, in effect at the time, stated the objective of the Department of the Army military awards program was to provide tangible recognition for acts of valor, exceptional service or achievement, special skills or qualifications, and acts of heroism not involving actual combat. The Army Good Conduct Medal was awarded on a selective basis to each Soldier who distinguished himself from among his fellow Soldiers by his exemplary conduct, efficiency, and fidelity throughout a specified period of continuous enlisted active Federal military service. a. Paragraph 3-4 (Qualifying Periods of Service) stated any one of the following periods of continuous enlisted active Federal military service qualified for award of the Army Good Conduct Medal: each 3 years completed on or after 26 August 1940 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. b. Paragraph 3-5 (Character of Service) stated each enlisted Solder must meet all of the following criteria throughout a qualifying period of service for an award: (1) The immediate commander must evaluate the Soldier's character as above reproach. (2) The record of service must indicate the Soldier had willingly complied with the demands of the military environment, had been loyal and obedient to his superiors, had faithfully supported the goals of his organization and the Army, and had conducted himself in such an exemplary manner as to distinguish him from his fellow Soldiers. While any record of nonjudicial punishment could be in conflict with recognizing the Soldier's service as exemplary, such record should not be viewed as automatically disqualifying. (3) In terms of job performance, the Soldier's efficiency must be evaluated as meeting all requirements and expectations for one of that Soldier's grade, military occupational specialty, and experience. (4) In each instance of disqualification for award of the Army Good Conduct Medal as determined by the immediate unit commander, the commander will prepare a statement of the rationale for his decision. That statement will specify the period of disqualification, thereby establishing a new beginning date for a future period of eligibility. A copy of the statement will be placed in the individual's Military Personnel Records Jacket. 4. Army Regulation 600-8-22 (Military Awards), currently in effect, prescribes Department of the Army policy, criteria, and administrative instructions concerning individual and unit military awards. Paragraph 2-11 (National Defense Service Medal) states the National Defense Service Medal is awarded for honorable active service for any period between (dates inclusive): * 27 June 1950 and 27 July 1954 (Korea) * 1 January 1961 and 14 August 1974 (Vietnam) * 2 August 1990 and 30 November 1995 (Persian Gulf) * 11 September 2001 to a date to be determined (Global War on Terrorism) 5. Army Regulation 635-5 (Separations Documents), 15 August 1979, prescribed the separation documents which are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for preparing and distributing the DD Form 214. The DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service. It provides a brief, clear- cut record of active Army service at the time of release from active duty, retirement, or discharge. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210007470 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1