BOARD DATE: 23 May 2017 DOCKET NUMBER: AR20160000104 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: 23 May 2017 DOCKET NUMBER: AR20160000104 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 (1st Award) for the period 12 June 1997 through 26 March 1999; and b. amending his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 5 May 2003 to show he was awarded or authorized the: * Army Achievement Medal (3rd Award) * Army Good Conduct Medal (1st Award) * Global War on Terrorism Service Medal * 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: 23 May 2017 DOCKET NUMBER: AR20160000104 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 5 May 2003 to show he was awarded or authorized three Army Achievement Medals (AAM), the Army Good Conduct Medal (AGCM), and the Overseas Ribbon (OSR). He further requests the issuance of a medal set for each of his various awards and decorations. 2. The applicant states he has certificates for his three AAMs. He served in an overseas assignment for over a year and never received the OSR. He had good conduct and he served for over 3 years but he was never awarded the AGCM. His DD Form 214 shows he was authorized the NDSM but he was never personally handed a medal set. He would like an NDSM medal set, along with medal sets for his other awards and decorations. 3. The applicant provides DD Forms 214 for the periods ending 26 March 1999 and 5 May 2003 and three DA Forms 4980-18 (AAM Certificate), dated 9 April 2002, 29 May 2002, and 29 August 2002, respectively. 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 is requesting to be issued medal sets for each of his awards and decorations. However, the ABCMR corrects records; the Board does not issue medals or badges. Requests for the issuance or replacement of military service medals, decorations, awards, badges, and corresponding accouterments should be directed to the specific branch of the military in which the veteran served. For Army personnel, written requests with appropriate supporting evidence may be addressed to the National Personnel Records Center (NPRC), 1 Archives Drive, St. Louis, MO 63138. Once verified, the replacement medals and devices are shipped to the veteran by the U.S. Army Tank Automotive and Armaments Command, Clothing and Heraldry, Post Office Box 57997, Philadelphia, PA 19111. Based on the foregoing, the issuance of medal sets will not be discussed further in this Record of Proceedings. 3. The applicant enlisted in the Regular Army on 12 June 1997. He completed his initial entry training and was awarded military occupational specialty 11M (Fighting Vehicle [Mechanized] Infantryman). He was advanced to the rank/grade of private first class (PFC)/E-3 on 1 February 1999. 4. The applicant was honorably discharged from active duty on 26 March 1999, under the provisions of Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation), paragraph 4-24b, by reason of disability with entitlement to severance pay. His DD Form 214 shows he was separated at Schweinfurt, Germany. Additionally, it shows in: a. Item 8a (Last Duty Assignment and Major Command), the entry "C CO 1st BN 26th INF APO AE 09033 EU," which means he was assigned, at the time he was separated, to Company C, 1st Battalion, 26th Infantry Regiment, in the Federal Republic of Germany. b. Item 12c (Net Active Service This Period), the entry "0001 09 15," which means he was credited with 1 year, 9 months, and 15 days of net active service for the period of active service represented by the DD Form 214. c. Item 12f (Foreign Service), the entry "0001 03 22," which means he was credited with 1 year, 3 months, and 22 days of foreign service for the period of active service represented by the DD Form 214. d. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), the entry "Army Service Ribbon." 5. After a break in service and the granting of appropriate medical and administrative waivers, the applicant reenlisted in the Regular Army on 23 February 2001. 6. The applicant provides three AAM Certificates that show he was awarded the AAM on three different occasions for achievement, as annotated by Permanent Orders 099-06 on 9 April 2002, Permanent Orders 149-001 on 29 May 2002, and Permanent Orders 241-006 on 29 August 2002, respectively. 7. The applicant was honorably discharged from active duty 5 May 2003, under the provisions of Army Regulation 635-40, paragraph 4-24b, by reason of disability, existed prior to service, as determined by a physical evaluation board (PEB). His DD Form 214 shows in: a. Item 12c (Net Active Service This Period), the entry "0002 02 13," which means he was credited with 2 years, 2 months, and 13 days of net active service for the period of active service represented by the DD Form 214. b. Item 12d (Total Prior Active Service), the entry "0001 09 15," which means he was credited with 1 year, 9 months, and 15 days of prior active service from a previous period of service. c. Item 12f (Foreign Service), the entry "0000 00 00," which means he was not credited with any foreign service during the period of active service represented by the DD Form 214. d. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), the entries: "National Defense Service Medal," "Army Service Ribbon," and "Army Lapel Button." 8. The applicant's record lacks any derogatory information that could have precluded him from being recommended for or awarded the AGCM. Additionally, his record lacks a Commander's disqualification statement that would have shown intent on his commander's part to deny his initial award of the AGCM. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The AGCM is awarded for each 3-year period of continuous enlisted active Federal military service completed on or after 27 August 1940; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; 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. Although there is no automatic entitlement to the AGCM, disqualification must be justified. b. The Global War on Terrorism Service Medal (GWOTSM) is authorized for award to members of the Armed Forces of the United States who participated in Global War on Terrorism operations outside of the areas of eligibility designated for award of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or Iraq Campaign Medal. All Soldiers on active duty, including Reserve Component Soldiers mobilized or National Guard Soldiers activated, on or after 11 September 2001 to a date to be determined, having served 30 consecutive days or 60 nonconsecutive days, are authorized the GWOTSM. c. The OSR 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 (Overseas Service) provides policy and guidance on the eligibility and selection criteria for overseas service in a permanent change of station (PCS) status under routine conditions as well as contingency operations and deployments. Table 3-3 (Award of tour credit) of the version in effect at the time provided that when a Soldier served less than the normal prescribed overseas tour, and when curtailment was for the convenience of the Government and through no request from or fault of the Soldier, then the Soldier should be credited with a completed tour. 3. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed policies and procedures governing the preparation of separation Documents. It provided that the DD Form 214 is a summary of a separating Soldier's most recent period of continuous active duty, providing a brief, clear-cut record of active duty service at the time of released from active duty, retirement, or discharge. The preparation instructions provided that for block 13, the preparer should list the separating Soldier's awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22. DISCUSSION: 1. The applicant requests correction of his DD Form 214 to show he was awarded or authorized three AAMs, the AGCM, and the OSR. 2. Permanent orders awarded the applicant the AAM on three separate occasions on 9 April 2002, 29 May 2002, and 29 August 2002, respectively; however, these awards are not listed on his DD Form 214. 3. The applicant served from 12 June 1997 through 26 March 1999, when he was honorably discharged due to disability. There is no evidence of any disciplinary or derogatory actions or evidence that shows his commander took any action to deny him the AGCM. The evidence indicates he met the criteria for the AGCM (1st Award). 4. The applicant served a period of active duty service after 11 September 2001, which qualifies him for award of the GWOTSM. This award is not listed on his DD Form 214. 5. His service in the Federal Republic of Germany from on or about 5 December 1997 through on or about 26 March 1999 was curtailed due to no fault of his own as a result of his disability separation; therefore, in accordance with the applicable Army regulation, he met the criteria for award of the OSR. This award is not shown on his DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160000104 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160000104 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2