IN THE CASE OF: BOARD DATE: 7 July 2016 DOCKET NUMBER: AR20150008672 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____X____ ____X____ ___X_____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 7 July 2016 DOCKET NUMBER: AR20150008672 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. ______________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. IN THE CASE OF: BOARD DATE: 7 July 2016 DOCKET NUMBER: AR20150008672 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 he was awarded, in effect: * Army Achievement Medal * Army Good Conduct Medal * Marksman Marksmanship Qualification Badge with Submachinegun Bar * Distinguished Tank Crew Gunnery Patch 2. The applicant states, in effect: a. He was an armor crewman who served as a driver, loader, gunner, and sometimes tank commander on the M60A1 tank. b. He arrived at Fort Knox, KY, in February 1979 for basic training and advanced individual training. He arrived at his permanent duty station (Fort Hood, TX) in May 1979. He was deployed to Fort Irwin, CA, from August to September 1979 for 6 weeks of desert training in the Mojave Desert. c. On 25 December 1979, he was on full alert due to the Soviet Union's invasion of Afghanistan. He had "much training and gunnery" in 1980 and 1981. After completing "gunnery" in November 1981, he had reached his expiration of term of service (ETS) date. d. His ETS date was in February 1982, but he had accrued so much leave he was able to take leave and be at home in early December 1981 before Christmas, prior to being released from active duty. He believes this is why his DD Form 214 was never updated to show his Army Good Conduct Medal and Army Achievement Medal. e. His roommate mailed him the gunnery certificate, patches, and Army Achievement Medal documents after his ETS, but he never received the Army Achievement Medal, Army Good Conduct Medal, or the Army Good Conduct Medal Certificate. f. He received his Marksman Marksmanship Qualification Badge with Pistol Bar in basic training, but he has no documentation (orders) showing the award other than his DD Form 214. g. In 3 years of active service in a combat unit it seems odd that a radio operator in the Reserve achieved so much more than a tank commander in the Regular Army (RA). 3. The applicant provides: * Self-authored statement, dated 7 May 2015 * National Personnel Records Center letter, dated 27 April 2015 * Basic Armor Training Certificate * Army Achievement Medal Certificate, dated 11 January 1982 * Certificate of Achievement, dated February 1982 * Certificate of Tank Gunnery Qualification, dated 18 November 1981 * Orders 243-203, dated 10 December 1981 * DD Form 214, dated 11 February 1982 * DA Form 137 (Installation Clearance Record), dated 6 January 1982 * DA Form 348 (Equipment Operator's Qualification Record), dated 3 October 1980 * shoulder patches * DA Form 3749 (Weapons Receipt) * Desert Training Certificate 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 U.S. Army Reserve for 6 years on 25 January 1979. He enlisted in the RA for 3 years on 2 February 1979. He completed training as an armor crewman. 3. The applicant received nonjudicial punishment (NJP) on 27 May 1980 for being absent without leave (AWOL) from 3 to13 May 1980. His punishment consisted of a reduction from pay grade E-3 to pay grade E-2, restriction, and extra duty. 4. The applicant was released from active duty on 11 February 1982 and he was transferred to the USAR Control Group (Reinforcement) to complete his military service obligation. He completed 3 years of net active service this period and he received an honorable characterization of service. 5. His DD Form 214 shows he was awarded the Marksman Marksmanship Qualification Badge with Pistol Bar and Army Service Ribbon. 6. The applicant provides a copy of a certificate that shows he was awarded the Army Achievement Medal for exceptionally meritorious achievement from 13 May 1980 to 11 February 1982, while assigned to A Company, 3rd Battalion, 67th Armor, 2nd Armored Division. He also provides additional certificates for training and achievement. 7. A review of the available records fails to reveal published orders awarding the applicant the Army Achievement Medal or the Army Good Conduct Medal. Further review of the available records fails to reveal a statement of disqualification for award of the Army Good Conduct Medal. 8. The available records do not contain orders awarding him the Army Achievement Medal or Army Good Conduct Medal. REFERENCES: 1. Army Regulation 600-8-22 states: a. The Army Achievement Medal is awarded to any member of the Armed Forces of the United States, who while serving in a noncombat area on or after 1 August 1981, distinguished themselves by meritorious service or achievement. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. b. The Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service. This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service. Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified. c. In instances of disqualification as determined by the unit commander, the commander will prepare a statement of the rationale for his or her decision. This statement will include the period of disqualification and will be referred to the individual concerned for response. The unit commander will consider the affected individual’s statement. If the commander’s decision remains the same, the commander will forward his or her statement, the individual’s statement, and his or her consideration for permanent filing in the individual’s official military personnel file. d. While any record of NJP could be in conflict with recognizing the Soldier’s service as exemplary, such record should not be viewed as automatically disqualifying. The commander analyzes the record, giving consideration to the nature of the infraction, the circumstances under which it occurred, and when. e. The regulation does not provide for any decorations related to qualification with a submachine gun nor does it provide for a Distinguished Tank Crew Gunnery Patch. 2. Army Regulation 635-5 (Separation Documents) governed preparation of the DD Form 214. The regulation in effect at the time stated that item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) will contain all authorized awards, as contained in the Army's awards regulation, for all periods of service. DISCUSSION: 1. According to Army Regulation 635-5, item 13 of the DD Form 214 will contain all authorized awards listed in the military awards regulation for all periods of service. The military awards regulation does not provide for a submachine gun bar for wear with a marksmanship qualification badge or any other decorations related to the submachine gun nor does it provide for a Distinguished Tank Crew Gunnery Patch. As such, they are not authorized to be listed on the DD Form 214. 2. Although the applicant provides a copy of a certificate showing he was awarded the Army Achievement Medal, he provides no orders awarding him the medal and a review of his official record fails to reveal orders contained therein. Therefore, his DD Form 214 should not be amended to add the Army Achievement Medal. 3. The applicant accepted NJP on 27 May 1980 for being AWOL from 3 to 13 May 1980. According to the applicable regulation, while any record of NJP could be in conflict with recognizing the Soldier’s service as exemplary, such record should not be viewed as automatically disqualifying. A review of the applicant’s available records fails to reveal a statement of disqualification for award of the Army Good Conduct Medal. Absent such a statement, one must determine if a period of AWOL exceeding 1 week in length that occurred after he had been on active duty for more than a year is a basis for denying award of the Army Good Conduct Medal. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) @#!CASENUMBER 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150008672 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2