IN THE CASE OF: BOARD DATE: 29 September 2016 DOCKET NUMBER: AR20150014683 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: 29 September 2016 DOCKET NUMBER: AR20150014683 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: 29 September 2016 DOCKET NUMBER: AR20150014683 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: * five awards instead of four awards of the Army Achievement Medal * two awards instead of one award of the Army Commendation Medal * award of the Army Good Conduct Medal * Excellence in Armor designation 2. The applicant states, in effect, his DD Form 214 contains errors. 3. The applicant provides: * Excellence in Armor Enrollment memorandum and letter * DA Form 638 (Recommendation for Award) of the Army Achievement Medal (3rd Oak Leaf Cluster) was downgraded to a coin and certificate * Certificate of Achievement * DA Form 638 and certificates with Permanent Orders (PO) as follows: * PO Number 04-06, Army Achievement Medal * PO Number 07-07, Army Achievement Medal * PO Number 07-14, Army Achievement Medal * PO Number 138-02, Army Achievement Medal * PO Number 156-7, Army Commendation Medal * PO Number 325-009, Army Commendation Medal 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 5 April 1995 and held military occupational specialty 19D (Cavalry Scout). He served in Korea from around July 1997 to around July 1998. 3. He provided and/or his records contain: a. PO Number 04-06, issued by Headquarters, 4th Infantry Division, Fort Hood, TX, on 21 May 1997, awarding him the Army Achievement Medal for achievement from 27 March to 11 April 1997. b. PO Number 07-07, issued by Headquarters, 4th Infantry Division, Fort Hood, TX, on 12 June 1997, awarding him the Army Achievement Medal for achievement from 27 April to 16 May 1997. c. PO Number 04-06, issued by Headquarters, 4th Infantry Division, Fort Hood, TX, on 14 August 1997, awarding him the Army Achievement Medal for achievement from 25 August 1995 to 15 July 1997. d. DA Form 638, dated 21 October 1997, recommending him for award of the Army Achievement Medal for achievement from 6 to 11 October 1997. The approval authority downgraded the award to a coin and certificate of achievement. e. PO Number 138-02, issued by Headquarters, 2nd Battalion, 72nd Armor, on 18 May 1998, awarding him the Army Achievement Medal for achievement from 20 to 25 April 1998. f. PO Number 156-7, issued by Headquarters, 1st Brigade, 2nd Infantry Division, on 5 June 1998, awarding him the Army Commendation Medal for service from 29 July 1997 to 28 July 1998. g. Letter of Notification, dated 10 February 1997; Excellence in Armor Enrollment memorandum, dated 11 March 1997; and certificate of achievement, recognizing his placement in the Excellence in Armor program. 4. He was honorably released from active duty on 4 April 1999. He completed 4 years of active service. His DD Form 214 show she was awarded or authorized the: * Army Lapel Button * Army Commendation Medal * Army Achievement Medal (4th Award) * National Defense Service Medal * Army Service Ribbon * Overseas Service Ribbon * Expert Marksmanship Qualification Badge with Rifle Bar 5. He enlisted in the Arkansas Army National Guard (ARARNG) on 7 February 2002 and extended for 2 years on 15 May 2002. 6. PO Number 325-21, issued by Headquarters, 87th Troop Command, Camp Robinson, AR, on 21 November 2002, awarded him the Army Commendation Medal from service from 15 June 2002 to 29 June 2002. 7. He was honorably discharged from the ARARNG on 4 May 2005. He was issued a National Guard Bureau Form 22 (Report of Separation and Record of Service) that captured his ARNG service. 8. On 11 May 2016, an official at the Awards Branch, U.S. Army Human Resources Command (HRC) issued the applicant a DD Form 215 (Correction to DD Form 214) that added the Army Achievement Medal with 4th oak leaf cluster, Army Good Conduct Medal, and Korea Defense Service Medal. 9. A staff member of the Board corresponded with the Awards Branch at HRC on 16 August 2016. The applicant had submitted six Army Achievement Medal awards certificates to HRC. One of these award recommendations was downgraded to a coin/certificate. That left him with five awards. HRC issued a DD Form 215 reflecting the 4th oak leaf cluster or five awards. REFERENCES: Army Regulation 600-8-22 (Military Awards) provides for the issuance of certificates of achievement. It states that commanders may recognize periods of faithful service, acts, or achievements which do not meet the standards required for decorations by issuing to individual U.S. military personnel a DA Form 2442 (Certificate of Achievement) or a certificate of achievement of local design. Certificates of achievement will be issued under such regulations as the local commander may prescribe. If a locally-designed certificate of achievement is printed for use according to this regulation, it may bear reproductions of insignia. The citation on such certificates will not be worded so that the act or service performed appears to warrant the award of a decoration. No distinguishing device is authorized for wear to indicate the receipt of a certificate of achievement. Copies of certificates of achievement or memoranda of record stating that a certificate of achievement has been awarded and citing the service recognized will be distributed to the official military personnel file (OMPF). DISCUSSION: The applicant served on active duty from 5 April 1995 to 4 April 1999. During this period: a. He was submitted evidence showing he was awarded four Army Achievement Medals, not five as he contends. One recommendation for award of the Army Achievement Medal was downgraded to a certificate of achievement and a coin. Nevertheless, he previously submitted six award certificates to HRC and the Awards Branch at HRC determined his eligibility to five awards. He was issued a DD Form 215 reflecting the correct number of Army Achievement Medals. b. During his active service, he was awarded only one Army Commendation Medal. The second award was awarded after his release from active duty and for service that was performed after his release from active duty. The DD Form 214 is a record of continuous active service. c. The Army Good Conduct Medal has already been added to his DD Form 214 via a DD Form 215 that was issued by HRC. d. The "Excellence in Armor" certificate is not an award. It is an achievement by the applicant that was recognized via a certificate of achievement. As the regulation states, commanders may recognize acts, achievements, or periods of faithful service which do not meet the standards required for decorations by issuing a DA Form 2442 a certificate of achievement of local design. Although copies of certificates of achievement or memoranda of record stating that a certificate of achievement has been awarded are filed in the OMPF, there is no distinguishing device authorized for wear to indicate receipt of this certificate of achievement and there is no provision to list the certificate of achievement 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) AR20150014683 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150014683 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2