BOARD DATE: 22 June 2017 DOCKET NUMBER: AR20160001057 BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ____x____ ___x_____ ____x____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 22 June 2017 DOCKET NUMBER: AR20160001057 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. The evidence establishes factually that the applicant served honorably from 24 June 1980 through 18 May 1983. 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 24 October 1986 as follows: a. adding award of the Army Achievement Medal and Korea Defense Service Medal and b. adding the entry "CONTINUOUS HONORABLE ACTIVE SERVICE FROM 19800624-19830518." 2. The Board further determined 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 amending his DD Form 214 for the period ending 24 October 1986 to show the following awards: * Army Commendation Medal * Army Good Conduct Medal (2nd Award) * Commander-in-Chief, U.S. Army Europe and Seventh Army Award * General George S. Patton Award for Excellence ____________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: 22 June 2017 DOCKET NUMBER: AR20160001057 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 24 October 1986 to show his period of honorable service and the: * Army Commendation Medal (ARCOM) * Army Achievement Medal (AAM) * Army Good Conduct Medal (AGCM) (2nd Award) * Korea Defense Service Medal (KDSM) * Commander-in-Chief, U.S. Army Europe (USAREUR) and Seventh Army Award * General George S. Patton Award for Excellence 2. The applicant states: * he was awarded the AGCM (2nd Award), but the orders were lost * he was awarded the ARCOM for being distinguished graduate at the Primary Leadership Development Course (PLDC) but the orders were lost * he received the Commander-in-Chief, USAREUR and Seventh Army Award and the General George S. Patton Award for Excellence for his PLDC accomplishments 3. The applicant provides: * DD Form 214 * DD Form 256A (Honorable Discharge Certificate) * DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) * DA Form 1059 (Service School Academic Evaluation Report) * PLDC Distinguished Graduate Certificate * AAM orders 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 24 June 1980 and he held military occupational specialty (MOS) 26Q (Tactical Satellite Microwave Systems Repairer). 3. On 18 January 1981, the applicant arrived in the Republic of Korea. While in Korea he was assigned to Company A, 304th Signal Battalion, from 24 January 1982 to 3 November 1982. 4. On 18 May 1983, the applicant was honorably discharged for the purpose of immediate reenlistment. On 19 May 1983, he reenlisted in the rank/grade of sergeant/E-5 for a period of 6 years. 5. On 21 August 1983, the applicant arrived in Germany. While in Germany, he was assigned to Company C, 44th Signal Battalion, from 22 August 1983 to 10 August 1985. 6. Permanent Orders 10-12, dated 16 January 1984, awarded the applicant the AGCM (1st Award) for the period 24 June 1980 to 23 June 1983. 7. Permanent Orders 22-5, dated 30 March 1984, awarded the applicant the AAM for the period 22 February 1984 to 15 March 1984. 8. DA Form 1059 (Service School Academic Evaluation Report), dated 18 May 1984, shows the applicant graduated from PLDC and was the recipient of the Distinguished Graduate Certificate; the Commander-in-Chief, USAREUR and Seventh Army Award; and the General George S. Patton Award for Excellence. 9. The applicant's DA Form 2-1 (Personnel Qualification Record – Part II), reviewed 3 September 1986, shows in: a. item 4 (Assignment Consideration), the entry "Not Recommended for Further Service 860911 [11 September 1986]"; b. item 9 (Awards, Decorations, and Campaigns), the following awards: * AGCM (1st Award) * Army Service Ribbon * Overseas Service Ribbon * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) c. item 18 (Appointments and Reductions), he was reduced from sergeant/ E-5 to PV1/E-1 on 22 October 1986. d. item 27 ( Remarks), the entry "NFC for Awd AGCM (Barred (860911- ) [not favorably considered for award of AGCM (barred from reenlistment 11 September 1986]." 10. The applicant's records are void of a separation packet containing the specific facts and circumstances surrounding his discharge on 24 October 1986. His DD Form 214 shows he was discharged for the good of the service in lieu of trial by court-martial under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), chapter 10. He completed 6 years, 4 months, and 1 day of active service of which 2 years, 11 months, and 1 day were foreign service. His DD Form 214 also shows in: a. items 4a (Grade, Rate, or Rank) and 4b (Pay Grade), he was separated in the rank/grade of private (PV1)/E-1; b. item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized), he was awarded or authorized the: * AGCM (1st Award) * Noncommissioned Officer Professional Development Ribbon * Army Service Ribbon * Overseas Service Ribbon * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) c. item 24 (Character of Service), he was separated with an under other than honorable conditions characterization of service. 11. There is no indication the applicant petitioned the Army Discharge Review Board for an upgrade of his discharge within that board's 15-years statute of limitations. REFERENCES: 1. Army Regulation 635-5 (Separation Documents), in effect during the applicant's active duty service, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It provided standardized policy for preparation of the DD Form 214 and stated that for: a. Item 13, list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 (Military Awards); b. The version of the regulation in effect at the time of the applicant's discharge did not provided for an entry identifying prior periods of honorable service. However, the regulation was later changed requiring that in item 18 of the DD Form 214, for enlisted Soldiers with more than one enlistment period during the time covered by this DD Form 214, "IMMEDIATE REENLISTMENTS THIS PERIOD (specify dates)" will be entered. However, for Soldiers who have previously reenlisted without being issued a DD Form 214 and are separated with any characterization of service except honorable, then "CONTINUOUS HONORABLE ACTIVE SERVICE FROM" (first day of service for which DD Form 214 was not issued) UNTIL (date before commencement of current enlistment)" will be entered. Then, the specific periods of reenlistments as prescribed above. 2. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The ARCOM may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. b. The AGCM 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 AGCM, disqualification must be justified. c. The KDSM is authorized for award to members of the Armed Forces of the United States who 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. d. Army Regulation 600-8-22 does not identify the following awards as authorized awards that are to be recorded on the DD Form 214: * Commander-in-Chief, USAREUR and Seventh Army Award * General George S. Patton Award for Excellence 3. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 10 provides that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge, may submit a request for discharge for the good of the service in lieu of trial by court-martial. The request may be submitted at any time after charges have been preferred and must include the individual's admission of guilt. Commanders would ensure that an individual was not coerced into submitting a request for discharge for the good of the service. Consulting counsel would advise the member concerning the elements of the offense or offenses, the type of discharge normally given under the provisions of this chapter, the loss of VA benefits, and the possibility of prejudice in civilian life because of the characterization of such a discharge. DISCUSSION: 1. The applicant's record is void of the specific facts and circumstances surrounding his discharge. It appears he was charged with the commission of an offense(s) punishable under the UCMJ with a punitive discharge, after which he was discharged under the provisions of Army Regulation 635-200, chapter 10. Discharges under the provisions of Army Regulation 635-200, chapter 10, are voluntary requests for discharge in lieu of trial by court-martial. 2. The applicant is presumed to have voluntarily, willingly, and in writing, requested discharge from the Army in lieu of trial by court-martial. In doing so, he waived his opportunity to appear before a court-martial. It is also presumed that all requirements of law and regulation were met and his rights were fully protected throughout the separation process. He provided no evidence that would indicate the contrary. Further, it is presumed his discharge accurately reflects his overall record of service during his enlistment. Absent evidence to the contrary, regularity must be presumed in this case. 3. The evidence of record shows the applicant reenlisted on 19 May 1983 for immediate reenlistment and therefore was not issued a DD Form 214 for his period of honorable service from 24 June 1980 to 18 May 1983. Although the governing regulation at the time did not provide for an entry on the DD Form 214 identifying prior periods of honorable service, the regulation was later modified to allow such an entry. Therefore, as a matter of equity, it would be appropriate to correct his DD Form 214 to reflect his period of honorable service. 4. Permanent orders awarded the applicant the AAM. His DD Form 214 does not reflect this award. 5. The evidence of record shows that the applicant serves in Koreas qualifies him for award of the KDSM. His DD Form 214 does not reflect this award. 6. The applicant's records are void of and he did not provide any evidence that he was awarded the ARCOM. 7. There are no orders or any other evidence in the applicant's military records, and he provided none, that shows he was awarded the second award of the AGCM. His period of eligibility for the second award of the AGCM was 24 June 1983 through 23 June 1986. However, the evidence shows he was discharged for the good of the service on 24 October 1986 under the provisions or Army Regulation 635-200, chapter 10. Therefore, in the absence of his separation packet, to include a DD Form 458 (Charge Sheet), the dates of the misconduct that led to his voluntary request for discharge to avoid a trial by court-martial cannot be verified. It appears there is insufficient evidence to correct his DD Form 214 to show the AGCM (2nd Award). 8. Army Regulation 600-8-22 does not identify the Commander-in-Chief, USAREUR and Seventh Army Award and/or the General George S. Patton Award for Excellence as authorized awards that are to be recorded on the 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) AR20160001057 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160001057 7 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2