BOARD DATE: 14 September 2017 DOCKET NUMBER: AR20160000627 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: 14 September 2017 DOCKET NUMBER: AR20160000627 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 amending his DD Form 214 for the period ending 30 June 1991 by deleting the National Defense Service Medal and adding the following awards: * Bronze Star Medal * National Defense Service Medal with one bronze service star * Overseas Service Ribbon (4th Award) * Korea Defense Service Medal _____________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: 14 September 2017 DOCKET NUMBER: AR20160000627 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 30 June 1991 to show the Bronze Star Medal. 2. The applicant states he believes it was a separation award and that administrative personnel did not catch it. 3. The applicant provides: * DD Form 214, ending on 30 June 1991 * DD Form 214 (Report of Separation from Active Duty) ending on 26 January 1977 * Certificate for award of the Bronze Star Medal * Certificate of Appreciation * Operation Desert Shield Certificate * Two DA Form 1695 (Oath of Extension of Enlistment) * Letter from the National Personnel Records Center 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 16 March 1970 and he held a maintenance military occupational specialty. He served through multiple reenlistments and extensions in a variety of stateside and overseas assignments, including: * Germany, 2 December 1970 to 15 June 1972 * Germany, 20 March 1974 to 11 April 1977 * Korea, 13 April 1980 to 9 April 1981 * Germany, 11 June 1985 to 28 May 1987 3. The applicant was promoted to sergeant first class (SFC)/E-7 on 1 May 1983. Between July 1987 and June 1990, he was assigned as a Maintenance Supervisor to C Battery, 2nd Battalion, 44th Air Defense Artillery, 101st Airborne Division, Fort Campbell, KY. 4. He provides: a. A certificate recognizing him for exemplary performance with C Battery, 2nd Battalion, 44th Air Defense Artillery, 101st Airborne Division, in support of Operation Desert Shield. b. A certificate for award of the Bronze Star Medal for meritorious achievement while engaged in combat operations against an enemy of the United States as a motor sergeant/platoon sergeant, Battery C, 2nd Battalion, 44th Air Defense Artillery, 101st Airborne Division, during Operation Desert Storm, from 17 January 1991 to 20 March 1991. The certificate is signed by Major General (MG) J.H. Bi__ Pe__ III. It does not show a permanent orders number and there are no separate orders accompanying this certificate or filed in his service record. 5. He was honorably retired on 30 June 1991 and placed on the retired list in his retired rank/grade of SFC/E-7 on 1 July 1991. He was awarded or authorized: * Army Service Ribbon * Noncommissioned Officer Professional Development Ribbon (3) * Army Good Conduct Medal (7th Award) * National Defense Service Medal * Air Assault Badge * Army Commendation Medal (3rd Oak Leaf Cluster) * Driver-Mechanic Badge 6. An internet search of the history of the 101st Airborne Division confirmed that MG J. H. Bi__ Pe__ III was the Commanding General from August 1989 to June 1991. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) states: a. The Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy, or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. b. The National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined. Second and subsequent awards of the National Defense Service Medal are denoted by a bronze service star affixed to the National Defense Service Medal c. The Overseas Service Ribbon is awarded for successful completion of an overseas tour. 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. The award may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an Active Army status on or after 1 August 1981. Numerals are used to denote the second and subsequent awards of the Overseas Service Ribbon. d. The Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea. The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense. DISCUSSION: 1. There are no permanent orders and he provides none that shows he was awarded the Bronze Star Medal. The governing Army regulation states that for personal decorations (which include the Bronze Star Medal), formal recommendations, approval through the chain of command, and announcement in orders are required. However: * the applicant provides a certificate signed by an appropriate level commander approving award of the Bronze Star Medal for meritorious achievement from 17 January 1991 to 20 March 1991 * the applicant's position, period of achievement, and unit of assignment on the certificate are consistent with other documents in the applicant's service record * the award approval authority was assigned as the 101st Airborne Division commander during the period referenced on the certificate * at the time this award certificate was issued, the Army did not annotate the order number on the certificate; the Army issued orders separately 2. The Board must determine if the certificate is sufficient evidence to demonstrate the applicant was awarded the Bronze Star Medal and warrants its addition to his DD Form 214. 3. The applicant served on active duty during two qualifying periods for award of the National Defense Service Medal (1 January 1961 and 14 August 1974 and 2 August 1990 and 30 November 1995). He is eligible for a bronze service star to be affixed to his already-awarded National Defense Service Medal. 4. The applicant successfully completed four overseas tours and qualifies for four awards of the Overseas Service Ribbon. His DD Form 214 does not list these awards. 5. He also served a qualifying period of service for award of the Korea Defense Service Medal. His DD Form 214 does not list this 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) AR20160000627 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160000627 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2