IN THE CASE OF: BOARD DATE: 5 January 2016 DOCKET NUMBER: AR20150005022 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 the: * National Defense Service Medal * Noncommissioned Officer (NCO) Professional Development Ribbon with Numeral 3 * Overseas Service Ribbon (2nd Award) * German Army Marksmanship Award in Silver 2. The applicant states: * he served honorably on active duty from 2 August to 18 December 1990 and he graduated from the Advanced NCO Course in 1989 * he served two tours in Germany, from 1979 to 1981 and 1986 to 1989 and he was awarded the German award in 1980 3. The applicant provides: * four sets of Permanent Change of Station Orders * DD Form 214 * separation 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's records show he enlisted in the Regular Army on 9 December 1978 and he held military occupational specialties 19E (M-60 Tank Armor Crewmember) and 19K (M-1 Armored Crewmember). 3. He served through multiple extensions or reenlistments in a variety of stateside or overseas assignments and he attained the rank/grade of staff sergeant (SSG)/E-6. 4. His DA Form 2-1 (Personnel Qualification Record) shows: * he served in Germany from 7 May 1979 to 29 April 1981 and from 27 May 1986 to 20 May 1989; in each case he was credited with an overseas tour * he completed the Primary NCO Course (PNCOC) in 1980, the Basic NCO Course in 1981, and the Advanced NCO Course in 1989 5. He was discharged on 18 December 1990 by reason of disability with entitlement to severance pay. His DD Form 214 shows he completed 12 years and 10 days of active service. 6. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded or authorized the below awards. Item 13 is continued in item 18 (Remarks): * Army Service Ribbon * NCO Professional Development Ribbon (Advanced Level) * Army Achievement Medal (2nd Oak Leaf Cluster) * Army Commendation Medal (3d Oak Leaf Cluster) * Good Conduct Medal (3rd Award) * Expert Marksmanship Qualification Badge with Pistol Bar (.45 Caliber) * German Army Marksmanship Award in Silver 7. Permanent Orders (PO) Number 79-3, issued by 369th Personnel Service Company, Germany, on 15 December 1987, awarded him the Army Good Conduct Medal (3rd Award) for the period of service 13 December 1984 through 12 December 1987. 8. His records do not contain orders awarding him the fourth award of the Army Good Conduct Medal. His records are also void of any derogatory information in the form of lost time, conviction by a court-martial, or other disqualifying factors during the period 13 December 1987 through 12 December 1990. 9. Army Regulation 600-8-22 (Military Awards) states: a. The 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. 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. 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. c. The NCO Professional Development Ribbon was established by the Secretary of the Army on 10 April 1981. It is awarded to Active Army, Army National Guard, and U.S. Army Reserve Soldiers for successful completion of designated NCO professional development courses. Effective 30 March 1989, a service member will be awarded the NCO Professional Development Ribbon with the numeral which identifies the highest level of the NCO Education System successfully completed as follows: * 1 = Bar Ribbon Device = Primary Level * 2 = Basic Level * 3 = Advanced Level * 4 = Senior Level d. The Army Good Conduct Medal 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 Army Good Conduct Medal, disqualification must be justified. DISCUSSION AND CONCLUSIONS: 1. The applicant served on active duty from 9 December 1978 to 18 December 1990. Part of his service fell during a qualifying period of service for award of the National Defense Service Medal which is not shown in his records. 2. He completed two tours in Germany and received overseas tour credit each time. He meets the criteria for award of the Overseas Service Ribbon (2nd Award) and correction of his DD Form 214 to show both awards. 3. The NCO Professional Development Ribbon (Advanced Level) is already shown in item 13 of his DD Form 214, albeit incorrectly. As a matter of clarity the entry should reflect NCO Professional Development Ribbon with Numeral 3. 4. He served honorably from 9 December 1978 through 18 December 1990, a total of 12 years and 10 days but he was only awarded three awards of the Army Good Conduct Medal, the third of which was for service during the period 13 December 1984 through 12 December 1987. Each award of the Army Good Conduct Medal requires 3 consecutive active years of service. a. He served in Germany twice; attained the rank/grade of SSG; served a fourth qualifying period of service; and his records are void of any derogatory information in the form of lost time, conviction by a court-martial, or other disqualifying factors that would have disqualified him from receiving a fourth award. b. He meets the criteria for a fourth award of the Army Good Conduct Medal for the period 13 December 1987 through 12 December 1990 and correction of his records to show it. 5. The German Army Marksmanship Award in Silver is already listed on his DD Form 214. It is listed in item 18 because there was no more room in item 13 to make additional entries. No correction in regard to this award is required, thus it will not be further discussed in this record of proceedings. BOARD VOTE: ___x____ ___x____ ___x____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented was 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: * awarding him the Army Good Conduct Medal (4th Award) for the period 13 December 1987 through 12 December 1990 * deleting from his DD Form 214 the Good Conduct Medal and the NCO Professional Development Ribbon (Advanced Level), and adding to his DD Form 214 the: * Army Good Conduct Medal (4th Award) * National Defense Service Medal * Overseas Service Ribbon (2nd Award) * NCO Professional Development Ribbon with Numeral 3 __________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. ABCMR Record of Proceedings (cont) AR20150005022 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150005022 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1