BOARD DATE: 1 June 2017 DOCKET NUMBER: AR20160000774 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: 1 June 2017 DOCKET NUMBER: AR20160000774 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 him the Army Good Conduct Medal (1st Award) for the period 19 August 1969 through 27 July 1971 (Standard Name Line: SP5, Company B, 11th Air Defense Signal Battalion, 32nd Army Air Defense Command, U.S. Army Europe); b. amending item 17c of his DD Form 214 to show his date of entry was 19 August 1969; and c. adding to item 24 of his DD Form 214 the "Army Good Conduct Medal (1st Award)." 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 the Certificate of Achievement. ______________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: 1 June 2017 DOCKET NUMBER: AR20160000774 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 (Armed Forces of the United States Report of Transfer or Discharge) to show his correct date of entry on active duty and his awards. 2. The applicant states the date of entry on his DD Form 214 shows he entered active duty on 19 August 1975. However, he actually entered active duty on 19 August 1969. He adds that a certificate of appreciation recognized him for his active service in the U.S. Army during the period 19 August 1969 through 27 July 1971. He also states he was awarded a certificate of achievement, but it is not recorded on his DD Form 214. 3. The applicant provides copies of his DD Form 214, Certificate of Appreciation, and Certificate of Achievement. 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. A DD Form 4 (Enlistment Contract – Armed Forces of the United States) shows the applicant enlisted in the Regular Army on 19 August 1969 for a period of 2 years. 3. His DA Form 20 (Enlisted Qualification Record), in pertinent part, shows in – * item 29 (Qualification in Arms): Expert, M-14 Rifle, 15 September 1969 * item 31 (Foreign Service): Germany from 24 August 1970 through 25 July 1971 * item 33 (Appointments and Reductions): specialist five (SP5)/pay grade E-5 with a date of rank of 14 April 1971 * item 41 (Awards and Decorations) – * National Defense Service Medal * Expert Marksmanship Qualification Badge with Rifle (M-14) Bar 4. A review of the applicant's military personnel record failed to reveal any evidence of disciplinary actions, adverse information, or a commander's disqualification that would have precluded him from being recommended for or awarded the Army Good Conduct Medal (AGCM) (1st Award). This review revealed that item 38 (Record of Assignments) of his DA Form 20 shows he received all "excellent" conduct and efficiency ratings throughout his military service. In addition, a DA Form 137 (Installation Clearance Record), dated 21 July 1971, shows the applicant's commanding officer rated his conduct and efficiency as "excellent." 5. A DD Form 214 issued to the applicant upon his honorable release from active duty, in pertinent part, shows in: * item 11d (Effective Date): "27 Jul 71" * item 17c (Date of Entry): "19 Aug 75" a. It also shows he completed 1 year, 11 months, and 9 days of net active service this period that included 11 months and 2 days of foreign service. b. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the – * National Defense Service Medal * Expert Marksmanship Qualification Badge with Rifle (M-14) Bar 6. In support of his application the applicant provides the following documents: a. Department of the Army Certificate of Appreciation issued by the Chief of Staff, Army, on 27 July 1971, in recognition of the applicant's faithful performance of duty in active service with the U.S. Army from 19 August 1969 to 27 July 1971. b. Headquarters, 32nd Army Air Defense Command, Certificate of Achievement issued to the applicant by the Commander, 11th Air Defense Signal Battalion, on 4 August 1971 for his meritorious service from 1 September 1970 to 13 August 1971. REFERENCES: 1. Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the AGCM was awarded to individuals who completed a qualifying period of active duty enlisted service. This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service. The enlisted person must have had all "excellent" conduct and efficiency ratings. Ratings of "unknown" for portions of the period under consideration were not disqualifying. There must have been no convictions by a court-martial. 2. Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations. Chapter 10 (Certificates, Memorandums, and Letters), paragraph 10-7 (Certificate of Achievement), shows 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. 3. Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribes policies and procedures regarding separation documents. It also establishes standardized policy for preparing and distributing the DD Form 214. It states that the purpose of a separation document is to provide the individual with documentary evidence of their military service at the time of separation. Therefore, it is important the information entered thereon is complete and accurate as of that date. Section III (Instructions for Preparation and Distribution of the Armed Forces of the United States Report of Transfer or Discharge) contains guidance on the preparation of the DD Form 214. It states, in pertinent part, that all available records will be used as a basis for the preparation of the DD Form 214, including the Enlisted Qualification Record, Officer Qualification Record, and orders. It shows for: * item 17, block c, enter date entered on active duty or date enlistment was accomplished * item 24, list all decorations, service medals, campaign medals, and badges awarded or authorized, omitting authorities cited therein DISCUSSION: 1. The applicant contends the DD Form 214 that he was issued upon his release from active duty on 27 July 1971 should be corrected to show he entered active duty on 19 August 1969 (vice 19 August 1975). 2. The applicant's DD Form 4 shows he enlisted in the Regular Army and entered active duty on 19 August 1969. The evidence of record supports the applicant's contention that he entered active duty on 19 August 1969 (vice 1975). 3. The evidence of record fails to show that a certificate of achievement is categorized as a U.S. Armed Forces military award or decoration. As such, the separation documents regulation precludes entering a certificate of achievement in item 24 of the DD Form 214. 4. The applicant served a period of continuous, honorable active duty enlisted service from 19 August 1969 through 27 July 1971. a. There is no evidence of any disciplinary actions, adverse information, or a commander's disqualification for the first award of the AGCM. b. He was promoted to SP5 (E-5) and he received all "excellent" conduct and efficiency ratings during his service. c. The evidence indicates he met the criteria for award of the AGCM (1st Award). //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160000774 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160000774 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2