BOARD DATE: 5 September 2017 DOCKET NUMBER: AR20160002125 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: 5 September 2017 DOCKET NUMBER: AR20160002125 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. adding the Army Achievement Medal and Valorous Unit Award to his DD Form 214 and b. adding the entry "SERVICE IN SOUTHWEST ASIA FROM 19910213-19910430" to item 18 of 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 adding two additional awards of Army Achievement Medal 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. BOARD DATE: 5 September 2017 DOCKET NUMBER: AR20160002125 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 the Valorous Unit Award and three Army Achievement Medals. He also requests all awards and records from 18 August 1988 to 18 August 1991. 2. The applicant states his DD Form 214 is missing these awards. His record is missing 2 and 1/2 years of military service records including a hospital stay while he was deployed during Operation Desert Shield/Desert Storm. He entered the hospital in April 1991. Suffering from many ailments and battling with the Department of Veterans Affairs (VA) for benefits caused him to overlook this issue. After the long fight, he was diagnosed with post-traumatic stress disorder and part of his recovery is reconnecting with his military service. 3. The applicant provides: * self-authored letter * Army Achievement Medal Certificate * letter from a Member of Congress, dated 17 June 2014 * Valorous Unit Award citations for Operations Desert Shield//Desert Storm * DD Form 214 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's complete military records are not available for review. 3. His DD Form 214 shows he enlisted in the Regular Army on 18 August 1988 and trained as a cannon crewmember. 4. The Defense Manpower Data Center compiled the Operations Desert Shield/ Desert Storm database. The primary file contains one record for each active duty member who participated in theater between 2 August 1990 and 31 July 1991. A phase II file lists active duty personnel who served in theater between 1 August 1991 and 31 December 1993. This database shows the applicant served in Southwest Asia from 13 February 1991 to 30 April 1991. 5. He provided an Army Achievement Medal Certificate, showing he was awarded the Army Achievement Meal for achievement during the period 25 August 1993 to 26 September 1993, on 9 March 1994. This certificate also cites Headquarters, 3rd Battalion, 17th Field Artillery Battalion, Fort Sill, OK, Permanent Order Number 068-42 as the authority for the award. However, there are no additional orders of the Army Achievement Medal in the available records. 6. On 26 February 1994, he was honorably released from active duty for completion of required active service. His DD Form 214 contains the following information: a. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) does not list the Army Achievement Medals or the Valorous Unit Award. b. Item 18 (Remarks) of this DD Form 214 shows no deployments. 7. Headquarters, Department of the Army, General Orders Number 27, dated 27 December 1994, awarded the 3d Battalion, 17th Field Artillery, the Valorous Unit award for the period 13 February 1991 to 30 April 1991. 8. He provided an undated self-authored letter stating, upon his release from the Army years ago he ran into some problems dealing with the VA. This caused him to turn his back from many things. Later he was diagnosed with post-traumatic stress disorder after a lengthy battle with the VA. After reconnecting with many of his brothers he served with and realizing how great the Army was and it caused him to take a closer look at his DD Form 214. He realized that two or three awards of the Army Achievement Medal were not present and all of his records from 18 August 1988 to 18 August 1991 are incomplete or missing. a. He received two Army Achievement Medals from Fort Riley during the period 1988 to 1990. His unit was awarded the Valorous Unit Award. b. He is asking for a complete update of all awards and certificates. The National Records Archive Center does not possess a complete set of his records, they seem to start in 1999 and he entered the Army in August 1988. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) states the Army Achievement Medal is awarded to members of the Armed Forces of the United States, who while serving in a noncombat area on or after 1 August 1981, distinguished themselves by meritorious service or achievement. 2. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for preparation of the DD Form 214. The instructions stated for item 18 for an active duty Soldier deployed 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)." 3. Army Regulation 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the ABCMR. The ABCMR considers individual applications that are properly brought before it. The ABCMR will decide cases on the evidence of record. It is not an investigative body. The ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. DISCUSSION: 1. The evidence of record supports the applicant's contention his military records are incomplete or missing. However, the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. Additionally, the ABCMR is not the custodian of service personnel records, and is, therefore, unable to provide the requested copies of personnel records. 2. He contends his DD Form 214 is missing two or three Army Achievement Medals and he provided orders for one award. His Army Achievement Medal Certificate does show that Permanent Orders awarded him the Army Achievement Medal, which would entitle him to one award. Unfortunately, there are no additional orders for the Army Achievement Medal in the available records. His DD Form 214 does not show one award of the Army Achievement Medal. 3. General orders show the applicant's unit was awarded the Valorous Unit Award while he was assigned to it in Southwest Asia. His DD Form 214 does not show this unit award. 4. As a related issue, the Defense Manpower Data Center database shows the applicant served in Southwest Asia from 13 February 1991 to 30 April 1991. Item 18 of his DD Form 214 does not show this deployment. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160002125 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160002125 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2