BOARD DATE: 11 May 2017 DOCKET NUMBER: AR20150019097 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 BOARD DATE: 11 May 2017 DOCKET NUMBER: AR20150019097 BOARD DETERMINATION/RECOMMENDATION: 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: a. awarding him the Army Good Conduct Medal for the period 24 April 1990 to 22 April 1993; and b. adding the following awards to his DD Form 214 for the period ending 22 April 1993: * Army Good Conduct Medal (1st Award) * Overseas Service Ribbon _____________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. BOARD DATE: 11 May 2017 DOCKET NUMBER: AR20150019097 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) for the period ending 22 April 1993 to show the Army Good Conduct Medal and Overseas Service Ribbon. 2. The applicant states he was released from active duty early due to a knee injury. He contends that he was eligible for both of the above awards, but he did not receive them when he was discharged from active duty. 3. The applicant provides: * DD Form 214 * Orders 68-21, 575th Personnel Service Company, dated 7 April 1993 * DA Form 87 (Department of the Army Training Certificate), for training from 26-30 October 1992 * DA Forms 87, for training from 7-11 December 1992 * DA Form 3595 (Record Fire Scorecard), dated 21 August 1992 * Memorandum for Commander, subject: Assignment Memorandum, dated 27 July 1992 * Certificate of Training, from the United States Air Force, dated 2 July 1992 * Certificate of Membership for the Military Intelligence Corps, dated 2 July 1992 * DA Form 5286 (Individual Training Record) dated in 1990 through 1992 * Diploma, from the Defense Language Institute, dated 27 November 1991 * Linguistic Certification Certificate, dated 27 November 1991 * Official Transcript, from the Defense Language Institute, dated 14 May 2002 * Letter of Commendation, dated 5 July 1990 * DA Form 4187, showing he was advanced to private first class, effective 24 April 1991 * DA Form 4187, showing he was advanced to specialist four/E-4, effective 24 June 1992 * Army/Air Force Leave and Earnings Statements for 1 December 1991 to 30 June 1992; and 1 August 1992 to 15 March 1993 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. On 24 April 1990, the applicant enlisted in the Regular Army. He was advanced to specialist four, pay grade E-4, on 24 June 1992. 3. On 2 July 1992, the applicant departed the United States for duty in the Federal Republic of Germany (FRG). He arrived in the FRG on 23 July 1992. 4. A DA Form 2-1 (Personnel Qualification Record – Part II) shows in Item 5 (Overseas Service) the applicant served approximately 9 months in the FRG from 23 July 1992 to 21 April 1993. It also notes that he did not complete a normal tour. 5. A DA Form 2-1 – Part I, prepared on 20 April 1993, shows the applicant had an expiration term of service date of 23 August 1994 and a date estimated return from overseas (DEROS) of 21 July 1994, indicating the applicant was on a 24-month unaccompanied or an “all others” type of tour. 6. On 21 April 1993, the applicant departed the FRG and returned to the United States. He was honorably discharged from active duty on 22 April 1993 due to a physical disability without severance pay. He had completed 2 years, 11 months, and 29 days of creditable active service. His DD Form 214 shows his awards as the: * National Defense Service Medal * Army Service Ribbon * Sharpshooter Marksmanship Qualification Badge with Grenade Bar * Marksman Marksmanship Badge with Rifle Bar REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) states the: a. Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity. Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified. Any one of the following periods of continuous enlisted active Federal military service qualifies for award: * Each 3 years completed on or after 27 August 1940 * For first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year b. Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981. Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours. 2. Army Regulation 614-30 (Assignments, Details and Transfers – Overseas Service), in effect at the time, provided for: a. completed tour credit and award of a new DEROS for Soldiers who had completed less than the normal prescribed overseas tour, and were curtailed for the convenience of the Government and through no request or fault of the Soldier; and b. a 24 month tour of duty in Germany for non-career (first term) Soldiers who were unaccompanied and serving an “all others” tour. DISCUSSION: 1. The applicant contends his DD Form 214 should be corrected by showing he was awarded/authorized the Army Good Conduct Medal and an Overseas Service Ribbon. 2. The available evidence shows the applicant was assigned to the FRG on an “all others” tour of duty for 24 months. However, he suffered a physical disability that resulted in his departure from the FRG prior to completing his full overseas tour. He was not awarded tour credit at the time which appears to have been an error. There is no evidence showing the applicant was at any fault for not completing his overseas tour, nor is there evidence that he requested a curtailment of his tour of duty. 3. The evidence of record shows the applicant was honorably discharged upon completion of his required active service. There is no evidence showing his commander took any action to deny him the Army Good Conduct Medal (1st Award). Absent any evidence of disciplinary action during his period of active duty service, it appears he met the criteria for award of the Army Good Conduct Medal (1st Award). //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150019097 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150019097 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2