BOARD DATE: 25 May 2017 DOCKET NUMBER: AR20160000825 BOARD VOTE: ___x______ __x_____ __x___ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 25 May 2017 DOCKET NUMBER: AR20160000825 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. revoking Permanent Orders 78-115, dated 19 March 2001, and Permanent Order 273-064, dated 1 October 2002; b. publishing orders awarding the applicant the Army Good Conduct Medal (2nd Award) for the period 21 August 1999 to 20 August 2002 c. amending his 2003 DD Form 214 as follows: * replacing the entry in item 12f with "0001  00  05" * adding to item 13 the Army Achievement Medal (2nd Award), Army Good Conduct Medal (2nd Award), Global War on Terrorism Service Medal and the Driver and Mechanic Badge with Wheel Component Bar * adding to item 18 the entry "SERVICE IN SINAI, EGYPT FROM 19991010 - 20001014" ____________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: 25 May 2017 DOCKET NUMBER: AR20160000825 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) to show: * foreign service in Sinai, Egypt * Army Achievement Medals * Army Good Conduct Medals * Driver and Mechanic Badge with Driver-Wheeled Vehicle Component Bar 2. The applicant states his deployment, medals, and badge are not shown on his record. 3. The applicant provides: * DD Form 214 * DA Form 4980-18 (Certificate for the Army Achievement Medal) dated 1 September 1997 (2 copies) * Permanent Orders Number 197-30, Fort Hood, Texas, dated 16 July 1998 * DA Form 4980-18 (Certificate for the Army Achievement Medal) dated 29 April to 1 June 1999 * Permanent Order 202-014, Fort Hood, Texas, dated 21 July 1999 * DA Form 3340-R (Request for Reenlistment or Extension in the Regular Army, dated 19 January 2000 * DA Form 3286, Annex A, (Statement for Enlistment), dated 19 January 2000 * DA Form 4789 (Statement of Entitlement to Selective Reenlistment Bonus), dated 19 January 2000 * Permanent Order 78-115, Fort Hood, Texas, dated 19 March 2001 * Permanent Order 273-064, Fort Hood, Texas, dated 1 October 2002 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. On 21 August 1996 the applicant enlisted in the Regular Army. 3. A DA Form 4980-18, as provided by the applicant and filed in his official military personnel file (OMPF), dated 1 September 1997, indicates Permanent Orders Number 234-5, Fort Hood, Texas, announced his award of the Army Achievement Medal for meritorious service. 4. Permanent Orders Number 197-30, Fort Hood, Texas, announced the applicant’s award of the Driver and Mechanic Badge with Wheeled Vehicle Component Bar, for his performance as a driver of an Army vehicle during a qualifying period of service from February 1997 to March 1998. 5. A DA Form 4980-18, as provided by the applicant and filed in his OMPF, dated 1 September 1997, indicates that Permanent Orders 141-19, Fort Hood, Texas, announced his award of the Army Achievement Medal for meritorious achievement from 29 April to 1 June 1999. 6. Permanent Order 202-014, Fort Hood, Texas, dated 21 July 1999, announced the applicant’s first award of the Army Good Conduct Medal for the period 21 August 1996 to 20 August 1999. 7. Permanent Order 78-115, Fort Hood, Texas, dated 19 March 2001, announced the applicant’s first award of the Army Good Conduct Medal for the period 21 March 1996 to 20 March 1999. 8. Permanent Order 273-064, Fort Hood, Texas, dated 1 October 2002, announced the applicant’s first award of the Army Good Conduct Medal for the period 20 March 1999 to 19 March 2002. 9. An email communication from the Defense Finance and Accounting Service (DFAS), dated 17 October 2016, verified the applicant’s receipt of hazardous fire pay (HFP) and imminent danger pay (IDP) for service in Sinai, Egypt, from 10 October 1999 to 14 October 2000 (1 year and 5 days). 10. A DD Form 214 reports the applicant’s release from active duty due to completion of required active duty service, effective 18 January 2003. It also shows the following: a. Item 12f (Foreign Service): 0000 years, 00 months, and 00 days. b. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized): * Army Lapel Button * National Defense Service Medal * Army Service Ribbon * Marksman Marksmanship Qualification Badge with Rifle Bar c. Item 18 (Remarks) is void of his deployment dates of service and location. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) states the Global War on Terrorism Service Medal (GWOTSM) is authorized for award to members of the Armed Forces of the United States who have participated in Global War on Terrorism operations outside of the areas of eligibility (AOE) designated for award of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or Iraq Campaign Medal. All Soldiers on active duty on or after 11 September 2001 to a date to be determined who have served 30 consecutive days or 60 nonconsecutive days are authorized the GWOTSM. 2. Army Regulation 600-8-22 states 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. Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified. Where necessary, to correct conflicting or duplicate awards, previously issued general or permanent orders may be revoked and new orders published by the unit commander citing paragraph 4-3 (Award approval authority) as the authority. 3. Army Regulation 635-5 (Separation Documents), in effect at the time, provided detailed instructions for completing separation documents, including the DD Form 214. It states for * item 12f, enter the amount of foreign service the Soldier completed during the period of service covered by the DD Form 214 * item 13, enter awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 * item 18, for an active duty Soldier deployed to a foreign country with his or her unit during their continuous period of active service, enter the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)" DISCUSSION: 1. The applicant contends that his DD Form 214 should be corrected by showing: * foreign service in Sinai, Egypt * Army Achievement Medals * Army Good Conduct Medals * Driver and Mechanic Badge with Driver-Wheel Component Bar 2. Records show the applicant was deployed for 1 year and 5 days in the Sinai, Egypt; however, his DD Form 214 failed to record this foreign service in items 12f and 18. 3. Permanent orders announced the applicant’s two awards of the Army Achievement Medal. 4. Three different permanent orders announced the applicant’s awards of the Army Good Conduct Medal; however, only Permanent Orders 202-014 contained the correct information. The two subsequent orders contained errors. Permanent Order 78-115 shows his service dates starting on 21 March 1996. As he entered the Regular Army on 21 August 1996, it is apparent the aforementioned order is incorrect. Permanent Order 273-064 also lists incorrect service dates for award of the Army Good Conduct Medal. It would be appropriate to revoke the last two orders and publish a new order for the second medal. 5. The applicant served during a qualifying period for award of the GWOTSM. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160000825 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160000825 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2