BOARD DATE: 7 June 2016 DOCKET NUMBER: AR20150009859 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: 7 June 2016 DOCKET NUMBER: AR20150009859 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 adding the National Defense Service Medal to his DD Form 214. 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 awarding him the Global War on Terrorism Service Medal and the Army Service Ribbon. ___________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: 7 June 2016 DOCKET NUMBER: AR20150009859 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 add the National Defense Service Medal (NDSM), Global War on Terrorism Service Medal (GWOTSM) and the Army Service Ribbon (ASR). 2. The applicant states he is entitled to the above-mentioned awards based on his U.S. Army Reserve (USAR) service and cites the criteria for the awards. 3. The applicant provides: * DD Form 214 and DD Form 215 (Correction to DD Form 214) * Officer Evaluation Report (OER) for the period 16 September 2004 through 31 December 2004 * 108th Division (Institutional Training) Orders, dated 31 October 2003 * extracts from Army Regulation 600-8-22 (Military Awards) 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 was commissioned a USAR second lieutenant on 4 August 2003 and was ordered to active duty as a Gold Bar Recruiter on 8 August 2003. 3. A DA Form 1059 (Service School Academic Evaluation Report), dated 15 September 2004 notified him he had failed to achieve course standards in the Field Artillery Officer Basic Course (FAOBC). His appeal of the decision was denied. 4. On 31 January 2005 the Regimental Commander recommended the applicant be dismissed from the FAOBC and separated from the Army with an honorable discharge. 5. A staff Judge Advocate General’s Corps captain noted the applicant had been recycled in FAOBC and had failed to maintain the required academic standards. There was no legal objection to taking appropriate dismissal action. On 9 March 2005 the applicant’s dismissal from the course and release from active duty was approved by the Commander, U.S. Army Field Artillery Center and Fort Sill, Oklahoma. The applicant was released from active duty training on 8 April 2005. He was issued a DD Form 214 for this period of service which shows he was not authorized awards or decorations. 6. The U.S. Army Human Resources Command revoked the applicant’s promotion to first lieutenant on 9 February 2005 based on his academic failure at FAOBC. 7. On 27 September 2011, the Army Review Boards Agency issued a DD Form 215 correcting the applicant’s DD Form 214 to show – * entrance on active duty on 8 August 2003 * he served on active duty for 1 year, 7 months and 21 days * he had prior inactive service of 1 year, 11 months and 28 days REFERENCES: 1. Gold Bar Recruiters are newly commissioned second lieutenants who remain on campus after graduating while they await their slot at the Basic Officer Leader Course. 2. Army Regulation 600-8-22 (Military Awards) states: a. The NNDSM 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. b. The GWOTSM is authorized for all Soldiers on active duty, including Reserve Component Soldiers mobilized or Army National Guard Soldiers activated on or after 11 September 2001 until a date to be determined and who have served 30 consecutive days or 60 nonconsecutive days. All Soldiers in a training status (basic or advanced individual training) are not eligible for receipt of this award until assigned to their first duty station. c. The ASR is awarded to Soldiers for successful completion of initial entry training. Officers will be awarded this ribbon upon successful completion of their basic and/or orientation or higher level course. DISCUSSION: 1. The applicant was commissioned on 4 August 2003 and entered active duty on 8 August 2003 as a Gold Bar recruiter. He failed to satisfactorily complete the Field Artillery Officer Basic Course and was transferred to the USAR Control Group (Reinforcement) on 8 April 2005. 2. In accordance with Army Regulation 600-8-22 he is eligible for the NDSM because he was on to active duty during a required qualification period. 3. The applicant does not meet the qualification for the GWOTSM because he was in an entry level training status. 4. He does not qualify for the ASR because he did not successfully complete his Officer Basic Course. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150009859 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150009859 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2