IN THE CASE OF: BOARD DATE: 5 April 2016 DOCKET NUMBER: AR20150009362 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 IN THE CASE OF: BOARD DATE: 5 April 2016 DOCKET NUMBER: AR20150009362 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting award of the Noncommissioned Officer Professional Development Ribbon with Numeral 1 from his DD Form 214 for the period ending 31 January 1986 and b. adding the following awards to his DD Form 214 for the period ending 31 January 1986: * Army Achievement Medal * Overseas Service Ribbon with Numeral 2 * Noncommissioned Officer Professional Development Ribbon with Numeral 2 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 adding a second Army Good Conduct Medal to his DD Form 214 for the period ending 31 January 1986. ____________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: 5 April 2016 DOCKET NUMBER: AR20150009362 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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 31 January 1986 by adding a second Overseas Service Ribbon, Army Commendation Medal, Army Achievement Medal (based on his submission of an Army Achievement Medal certificate), and a second Army Good Conduct Medal. 2. The applicant states these awards were overlooked when he was discharged in 1986. 3. The applicant provides a copy his Army Achievement Medal Certificate for the period 15 February 1983 through 15 October 1983. 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 12 September 1978 and he was honorably released from active duty in the rank of sergeant/E-5 on 11 September 1982. He completed 4 years of active service during this period. His DD Form 214 shows he was awarded the Army Good Conduct Medal. 3. He was awarded the Army Commendation Medal on 24 September 1982 for meritorious service from 21 January 1981 to 11 September 1982. 4. He again enlisted on 3 February 1983 and he was honorably released from active duty on 31 January 1986, a period of 2 years, 11 months, and 28 days. 5. His service during this enlistment included completion of the Basic Noncommissioned Officer (NCO) Course. 6. His DA Form 2-1 (Personnel Qualification Record – Part II) shows in: a. item 5 (Oversea Service), he served in Germany from 27 December 1978 through 12 December 1980 and from 14 November 1983 through 9 December 1985; and b. item 9 (Awards, Decorations, and Campaigns), he was awarded or authorized the: * Army Good Conduct Medal (1st Award) * Army Service Ribbon * Overseas Service Ribbon * NCO Professional Development Ribbon with Numeral 2 * Army Commendation Medal * Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) 7. Headquarters, Fort Carson and 4th Infantry Division (Mechanized), Permanent Orders 197-15, dated 12 October 1983, awarded him the Army Achievement Medal for meritorious service from 15 February through 15 October 1983. 8. His DD Form 214 for this period shows he was awarded or authorized the: * Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) * Expert Marksmanship Qualification Badge with Grenade Bar * Army Good Conduct Medal * Army Commendation Medal * NCO Professional Development Ribbon with Numeral 1 * Overseas Service Ribbon * Army Service Ribbon REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. 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 of less than 3 years but more than 1 year. An award made for any authorized period of less than 3 years must be for the total period of obligated active Federal military service. This applies to the first award only; all other awards of the Army Good Conduct Medal require 3 full years of qualifying service. b. Table 5-1 (NCO Education System Creditable Courses for Award of the NCO Professional Development Ribbon and Devices) shows completion of the Basic NCO Course qualifies an individual for the numeral 2 device. c. The Overseas Service Ribbon is awarded to individuals who are credited with normal overseas tour completion. Numerals are used to denote the second and subsequent awards of the Overseas Service Ribbon. 2. Army Regulation 614-30 (Overseas Service), table 3-2 (Award of Tour Credit and Adjustment of Date Eligible to Return from Overseas/Date of Return from Overseas), states a Soldier will be credited with a completed tour and awarded a new date of return from overseas if he/she serves less than the normal prescribed overseas tour and the curtailment is for the convenience of the government and through no request from or fault of the Soldier. DISCUSSION: 1. He was awarded the Army Achievement Medal. His DD Form 214 for the period ending 31 January 1986 does not show this medal. 2. He qualified for and his Personnel Qualification Record shows he was awarded the NCO Professional Development Ribbon with Numeral 2 during his second period of service. 3. The evidence of record indicates he met the criteria for completion of two overseas tours of duty in Germany. 4. He did not complete 3 full years of active service during the period 3 February 1983 through 31 January 1986 to qualify for a second 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) AR20150009362 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150009362 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2