IN THE CASE OF: BOARD DATE: 16 March 2017 DOCKET NUMBER: AR20150016125 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: 16 March 2017 DOCKET NUMBER: AR20150016125 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. awarding the applicant the Good Conduct Medal for the period 11 June 1992 through 10 June 1995; and b. adding to the applicant's 10 July 1995 DD Form 214 the Army Commendation Medal, Good Conduct Medal, and the Driver and Mechanic Badge with Driver-W Bar. 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 any correspondence courses or a second military occupational specialty to his DD Form 214. ___________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: 16 March 2017 DOCKET NUMBER: AR20150016125 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 award of the Army Commendation Medal and Driver and Mechanic Badge, award of the proper military occupational specialty for his service in a scout platoon, and the correspondence courses he completed. 2. The applicant states inclusion of these items is a matter of pride for him. His service continues with his service in the California Army National Guard (CAARNG) and he needs the corrections for transition purposes. 3. The applicant provides copies of: * his DD Form 214 (copies 1 and 4) for the period ending 10 June 1995 * National Guard Bureau Form 22 (Report of Separation and Record of Service) * DA Form 638-1 (Recommendation for Award of the Army Achievement Medal (AAM), Army Commendation Medal (ARCOM), and Meritorious Service Medal (MSM)) * Army Commendation Medal Certificate * Headquarters, 3rd Battalion, 66th Armor Regiment, Permanent Orders 000013-002 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 (USAR) 20 June 1990, served on active duty for training from 3 July 1991 through 11 November 1991, and was awarded military occupational specialty (MOS) 88M (Motor Transport Operator). He enlisted in the Regular Army on 11 June 1992. 3. Headquarters, 3rd Battalion, 66th Armor Regiment, Permanent Orders Number 000013-002, dated 18 November 1993, awarded the applicant the Driver and Mechanic Badge with Driver-W Bar. 4. Headquarters, 1st Brigade, 2nd Armored Division, Permanent Orders Number 136-19 awarded the applicant the Army Commendation Medal on 16 May 1995. The award recommendation notes the applicant was in the duty position of Senior Heavy Wheel Vehicle Operator and Scout. 5. The applicant's DA Form 2-1 (Personnel Qualification Record) shows: * no duty MOS other than 88M * award of the * Army Service Ribbon * National Defense Service Medal * Marksman Marksmanship Qualification Badge with Rifle and Grenade Bars * no military education completed during this period 6. The applicant was released from active duty on 10 June 1995. His DD form 214 provides the following * advancement to specialist (E-4) * service in MOS 88M for 3 years * no military courses completed this period * award of the – * Army Lapel Button * National Defense Service Medal * Army Service Ribbon * Marksman Marksmanship Qualification Badge with Rifle and Grenade Bars 7. The applicant's record contains no derogatory entries, disciplinary actions, nonjudicial punishments, or court-martials that would suggest he was considered ineligible for award of the Good Conduct Medal. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) states the 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 active Federal military service. A record of punishment is not automatically disqualifying. However, at that time, a single efficiency rating of less than excellent was disqualifying. Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified. Current practice requires that the commander provide written notice of nonfavorable consideration and permits the individual to respond. 2. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It establishes standardized policy for preparing and distributing the DD Form 214 and states: a. List formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214. Include title, length in weeks, and year completed. b. List all awards and decorations for all periods of service in the priority sequence. Each entry is to be verified by the Soldier's records. Do not use abbreviations. c. Enter the titles of all official MOSs served in during the current period for at least 1 year and include the number of years and months served. DISCUSSION: 1. The applicant's award of the Army Commendation Medal and Driver and Mechanic Badge with Driver-W Bar were omitted from his 1995 DD Form 214 2. The applicant distinguished himself by his conduct, efficiency and fidelity as evidenced by his personal decorations and his advancement to pay grade E-4. The record contains no indication of any disqualifying incidents or recommendations precluding award of the Good Conduct Medal. 3. While the applicant may have served as a scout there is no evidence that he was officially awarded an MOS for this duty position. 4. The applicant has not provided and the available records do not contain any evidence that the applicant completed any full-time attendance training courses during the period covered by his 1995 DD Form 214. 5. Correspondence courses are not authorized for inclusion on a 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) AR20150016125 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150016125 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2