IN THE CASE OF: BOARD DATE: 17 December 2015 DOCKET NUMBER: AR20150005892 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: * Army Commendation Medal for acts of heroism occurring between 15 June 2010 and 16 June 2010 be upgraded to the Bronze Star Medal * award of the Army Good Conduct Medal for the period 2 July 2008 through 1 July 2011 * award of the Army Achievement Medal for the period ending 21 July 2011 based on his expiration of his term of service (ETS) 2. The applicant states: a. With regard to upgrading his Army Commendation Medal to a Bronze Star Medal: * he was told the reason he did not receive a Bronze Star Medal was because of his rank (he was a private first class at the time) * according to Army Regulation 600-8-22 (Military Awards) rank should not be a factor when awarding the Bronze Star Medal * he feels his actions merit this award b. As to the Army Good Conduct Medal: * he contends he met the criteria for the award of the Army Good Conduct Medal * he was told by his previous unit he had been put in for this award * it has never appeared in his official military personnel file (OMPF) and his Iowa Army National Guard (IAARNG) records, which he joined after leaving the Army, he had no clue how to address this problem c. Regarding the Army Achievement Medal: * after he transferred from the 101st Airborne Division, his squad leader told him paperwork had been submitted for him to receive the Army Achievement Medal as an ETS award * it never showed up in his OMPF and he was never provided copies of any award certificates or orders d. He is asking that his records be corrected because his health is deteriorating. He was retired due to physical disability based upon injuries sustained in combat, which included brain damage. He would like his records to accurately reflect his service. 3. The applicant provides: * DD Form 214 * National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service * DA Form 638 (Recommendation for Award) - Permanent Order (PO) Number 233-100 issued on 21 August 2010 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. Concerning the applicant's request for an upgrade of his Army Commendation Medal issued by PO Number 233-100 to the Bronze Star Medal, the following guidance is provided: a. Army Regulation 600-8-22 (Military Awards), paragraph 1-16 (Reconsideration or Appeal of Previous Award Recommendations), states requests to reconsider, appeal or upgrade a previously approved recommendation must be placed in official channels within 1 year from the date of the awarding authority's decision. The acts for which the applicant requests an upgrade occurred in June 2010 and are therefore beyond the 1-year limit. b. Title 10, U.S. Code (USC), section 1130 allows the Service Secretary concerned to review a proposal for the award of, or upgrading of, a decoration that is otherwise precluded from consideration by limitations established by law or policy. In order to request an award under Title 10, USC, section 1130, the applicant must submit a DA Form 638. The DA Form 638 should clearly identify the unit, the period of assignment, and the award being recommended. A narrative of the actions or period for which the member is requesting recognition must accompany the DA Form 638. In addition, the award request should be supported by sworn affidavits, eyewitness statements, certificates and related documents. Corroborating evidence is best provided by commanders, leaders, and fellow Soldiers who had personal (i.e., eyewitness) knowledge of the circumstances and events relative to the request. c. Title 10, USC, section 1130 also requires that a request of this nature be referred to the Service Secretary from a Member of Congress. Therefore, the applicant must submit his request through a Member of Congress who will send it to the U.S. Army Human Resources Command, Army Decorations Board, ATTN: AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY 40122. The burden and costs for researching and assembling documentation to support approval of requested awards and decorations rest with the requestor. d. The applicant was awarded an Army Commendation Medal for actions for which he contends he should have received the Bronze Star Medal. Given that he has not submitted his request through his Member of Congress to the Commander, U.S. Army Human Resources Command for consideration of the award under Title 10, USC, section 1130, his application to this Board is premature. Therefore, this portion of his request will not be further addressed in this Record of Proceedings. 3. The applicant enlisted in the Regular Army on 2 July 2008. 4. He was honorably released from active duty on 21 July 2011 to attend civilian schooling. His DD Form 214 shows he completed 3 years and 20 days of net active creditable service. a. He was awarded or authorized the: * Purple Heart * Army Commendation Medal (2nd Award) * National Defense Service Medal * Afghanistan Campaign Medal with one bronze service star * Global War on Terrorism Service Medal * Army Service Ribbon * North Atlantic Treaty Organization Medal * Combat Infantryman Badge * Expert Infantryman Badge * Air Assault Badge b. He served in Afghanistan from 1 May 2010 to 6 May 2011. 5. His OMPF shows: a. He joined the IAARNG after his release from active duty. On 17 December 2013, a physical evaluation board (PEB) found he was physically unfit for continued military service. The PEB recommended permanent disability retirement at a combined disability rating of 60 percent. After concurring with the PEB's recommendation, he was honorably discharged from the IAARNG and placed on the Permanent Disability Retired List effective 4 February 2014. b. No derogatory information was found, nor was there any indication his former commanders’ submitted documentation recommending denial of the Army Good Conduct Medal. c. No record of either an award recommendation or a PO awarding the applicant the Army Achievement Medal. 6. Permanent Orders Number 131-16, dated 11 May 2011, issued by U.S. Army Human Resources Command (HRC), awarded the Meritorious Unit Commendation to Company A, 2nd Battalion, 327th Infantry Regiment for the period 12 October 2010 to 29 April 2011. He served with this unit in Afghanistan. 7. Army Regulation 600-8-22 prescribes policies and procedures for military awards. It states: a. The Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity. 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. Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified. b. The Army Achievement Medal is awarded to members of the Armed Forces of the United States, who while serving in a noncombat area on or after 1 August 1981, distinguished themselves by meritorious service or achievement. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. DISCUSSION AND CONCLUSIONS: 1. The applicant requests the Army Good Conduct Medal (1st Award) and its addition to his DD Form 214 for the period ending 21 July 2011. 2. It appears his term of service met the criteria for award of the Army Good Conduct Medal (1st Award) during the period 2 July 2008 through 1 July 2011. His records revealed the following: * there is no derogatory information in his available record * during his term of active service he was awarded the Purple Heart, two Army Commendation Medals, and the Combat Infantryman Badge * the above-mentioned awards suggest his service was reflective of the qualities consistent with those required to be awarded the Army Good Conduct Medal 3. While he was assigned Company A, 2nd Battalion, 327th Infantry Regiment, his unit was awarded the Meritorious Unit Commendation. 4. With regard to the Army Achievement Medal, no record of either an award recommendation or orders was found in his OMPF. If, within 1 year of the Board's decision, he is able to obtain a copy of orders showing this award, he can submit a request for reconsideration. If there are no orders awarding this medal, then he can pursue relief through his Member of Congress per Title 10, USC, section 1130. 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 him the Army Good Conduct Medal for the period 2 July 2008 through 1 July 2011; and b. adding the following awards to his DD Form 214 for the period ending 21 July 2011: * Army Good Conduct Medal * Meritorious Unit Commendation 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 addition of the Army Achievement Medal to his DD Form 214. 6 _____________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) AR20150005892 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150005892 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1