IN THE CASE OF: BOARD DATE: 12 January 2017 DOCKET NUMBER: AR20150012572 BOARD VOTE: __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: 12 January 2017 DOCKET NUMBER: AR20150012572 BOARD DETERMINATION/RECOMMENDATION: USE THE FOLLOWING PARAGRAPH TO GRANT RELIEF. The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * deleting award of the Army Commendation Medal from his DD Form 214 for the period ending 25 June 1990 * deleting award of the Army Achievement Medal with 1st Oak Leaf Cluster from his DD Form 214 for the period ending 25 June 1990 * adding award of the Army Commendation Medal (3rd Award) to his DD Form 214 for the period ending 25 June 1990 * adding award of the Army Achievement Medal to his DD Form 214 for the period ending 25 June 1990 ___________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. IN THE CASE OF: BOARD DATE: 12 January 2017 DOCKET NUMBER: AR20150012572 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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of three Army Commendation Medals and one Army Achievement Medal. 2. The applicant states he was awarded three Army Commendation Medals, not one. He was awarded one Army Achievement Medal, not two. One Army Achievement Medal was upgraded to an Army Commendation Medal. 3. The applicant provides: * Army Commendation Medal Certificate, dated 1 February 1990 * Headquarters, 194th Armored Brigade (Separate), Permanent Orders 23-26, dated 20 February 1990 * Army Commendation Medal Certificate, dated 14 March 1990 * Headquarters, 194th Armored Brigade (Separate), Permanent Orders 40-27, dated 27 March 1990 (two copies) * Headquarters, 19th Engineer Battalion (Combat), Permanent Orders 000020-009, dated 30 March 1990 * Headquarters, 194th Armored Brigade (Separate), Permanent Orders 46-1, dated 11 April 1990 * DA Form 638-1 (Recommendation for Award of Meritorious Service Medal and Below), dated 11 July 1990 * Army Commendation Medal Certificate, dated 13 July 1990 * DD Form 214 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. The applicant enlisted in the Regular Army on 23 September 1986. 3. Item 5 (Oversea Service) of his DA Form 2-1 (Personnel Qualification Record – Part II) shows he served in Germany from January 1987 through January 1989. 4. He provided an Army Commendation Medal Certificate, dated 1 February 1990, showing he was awarded the Army Commendation Medal for meritorious service during the period 12 September 1989 to 11 December 1989. 5. He provided Headquarters, 194th Armored Brigade (Separate), Permanent Orders 23-26, dated 20 February 1990, awarding him the Army Commendation Medal (1st Award) for meritorious achievement during the period 12 September 1989 to 11 December 1989. 6. He provided an Army Commendation Medal Certificate, dated 14 March 1990, showing he was awarded the Army Commendation Medal for meritorious service during the period 24 April 1989 to 29 June 1989. 7. He provided Headquarters, 194th Armored Brigade (Separate), Permanent Orders 40-27, dated 27 March 1990, awarding him the Army Achievement Medal (1st Award) for meritorious achievement during the period 24 April 1989 to 29 June 1989. 8. He provided Headquarters, 19th Engineer Battalion (Combat), Permanent Orders 000020-009, dated 30 March 1990, awarding him the Army Achievement Medal for meritorious service during the period 10 January 1990 to 3 April 1990. 9. He provided Headquarters, 194th Armored Brigade (Separate), Permanent Orders 46-1, dated 11 April 1990, amending Orders 40-27, dated 27 March 1990, to read Army Commendation Medal (1st Award). 10. He provided a DA Form 638-1 (Recommendation for Award of Meritorious Service Medal and Below), dated 11 July 1990, showing Permanent Orders Number 85-9, dated 11 July 1990, awarded him the Army Commendation Medal for meritorious service during the period February 1989 through September 1990 (expiration term of service). 11. He provided an Army Commendation Medal Certificate, dated 13 July 1990, showing he was awarded the Army Commendation Medal for meritorious achievement during the period 3 February 1989 to 29 June 1990. 12. Item 9 (Awards, Decorations, and Campaigns) of his DA Form 2-1 shows he was awarded or authorized the: * Army Service Ribbon * Army Achievement Medal * Army Commendation Medal with 2nd Oak Leaf Cluster * Overseas Service Ribbon * Army Good Conduct Medal 13. He was honorably released from active duty on 25 June 1990 for the convenience of the government under the 1990 Early Transition Program and transferred to the U.S. Army Reserve Control Group (Reinforcement). His DD Form 214 shows he was awarded or authorized the: * Army Service Ribbon * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) * Sharpshooter Marksmanship Qualification Badge with Grenade Bar * Overseas Service Ribbon * Army Good Conduct Medal * Army Achievement Medal with 1st Oak Leaf Cluster * Army Commendation Medal 14. His military records are completely void of any award orders and/or certificates. REFERENCES: Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers upon retirement, discharge, or release from active duty service or control of the Active Army. It established standardized policy for preparing and distributing the DD Form 214 and specifically stated to list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 (Military Awards). DISCUSSION: 1. The applicant contends he was awarded three Army Commendation Medals and one Army Achievement Medal, not one Army Commendation Medal and two Army Achievement Medals. He states one Army Achievement Medal was upgraded to an Army Commendation Medal. 2. The evidence shows he was awarded two Army Commendation Medals for meritorious achievement during the periods 24 April 1989 to 29 June 1989 and 12 September 1989 to 11 December 1989 and one Army Commendation Medal for meritorious service (expiration term of service) during the period 3 February 1989 to 29 June 1990. 3. The evidence also shows he was awarded the Army Achievement Medal for meritorious service during the period 10 January 1990 to 3 April 1990. 4. Orders for award of the Army Achievement Medal for the period 24 April 1989 to 29 June 1989 were amended to read Army Commendation Medal as shown on his corresponding certificate and captured in paragraph 2 above. 5. His DD Form 214 erroneously shows he was awarded one Army Commendation Medal and two Army Achievement Medals. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150012572 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150012572 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2