BOARD DATE: 26 September 2017 DOCKET NUMBER: AR20160003440 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: 26 September 2017 DOCKET NUMBER: AR20160003440 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 21 November 1974 to 14 November 1977 and b. amending his DD Form 214 for the period ending 14 November 1977 by adding the Army Good Conduct Medal (1st Award), the National Defense Service Medal, and the Expert Marksmanship Qualification Badge with Rifle and Grenade Bars. 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 correcting his records to show he was separated for medical reasons or to correcting his DD Form 214 to show he was awarded or authorized the Overseas Service Ribbon. __________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: 26 September 2017 DOCKET NUMBER: AR20160003440 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 records to show he was separated for medical reasons and correction of his DD Form 214 (Report of Separation from Active Duty) to show all awards he is authorized as a result of his active duty service. 2. The applicant states: * his benefits status is not correct in relation to his duties while he was assigned to the 590th Transportation Company * his level of medical rating is below the degree commensurate with illnesses acquired during duty * his service decorations and awards are missing * he did not get credit for his overseas service (interpreted to mean the Overseas Service Ribbon) * he is not getting Department of Veterans Affairs (VA) benefits for service-related injuries 3. The applicant provides: * DD Form 214 for the period ending 30 August 1974 * DD Form 214 for the period ending 14 November 1977 * DA Form 2-1 (Personnel Qualification Record – Part II) * DA Form 20 (Enlisted Qualification Record) 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 contends he is not getting VA benefits for his service-related injuries. He has not specified a record correction that overcomes this perceived injustice. Regardless, eligibility for services and benefits provided by the VA is not within the purview of the ABCMR. Therefore, this issue will not be discussed further in this Record of Proceedings. 3. The applicant enlisted in the U.S. Army Reserve (USAR) on 27 February 1974. He entered a period of initial active for training (IADT) on 3 May 1974 and was honorably released from IADT on 30 August 1974. His DD Form 214 for this period shows he was awarded the Expert Marksmanship Qualification Badge with Rifle and Grenade Bars. 4. The applicant enlisted in the Regular Army on 21 November 1974. His DA Form 2-1 shows he arrived in Germany on 19 January 1976 and was promoted to the rank/grade of specialist four (SP4)/E-4 on 15 August 1976. 5. The applicant's immediate commander requested, on 13 June 1977, a time in service waiver for promotion on the applicant's behalf. The commander based his request on the applicant's outstanding performance of duties. 6. The applicant departed Germany on or about 10 November 1977. 7. The applicant's record is void of derogatory information or a unit commander's disqualification statement that would have precluded him from being awarded the Army Good Conduct Medal. 8. The applicant was honorably released from active duty on 14 November 1977, after completing 2 years, 11 months, and 24 days of active service this period. His DD Form 214 shows in: * item 6a (Grade, Rate or Rank), he was separated in the rank of SP4 * item 18f (Foreign and/or Sea Service this Period), he completed 1 year, 9 months, and 25 days of foreign service * item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), the entry "NA," indicating the absence of any recorded awards or decorations * item 18 (Remarks), the entry "item 18f USAREUR [U.S. Army Europe]/Germany" 9. The applicant's record does not contain evidence that indicates he was injured during his period of active duty service, or evidence that indicates he was ever found unfit to perform his duties due to a physical disability. 10. There is no evidence that indicates the applicant held an active Army status after his release from active duty on 14 November 1977. 11. By letter dated 31 March 2017, the Army Review Boards Agency (ARBA), Case Management Division, informed the applicant that in order to consider his application, he must provide medical evidence substantiating his contentions; however, he did not respond. 12. During the processing of this case, a medical advisory opinion was obtained from the ARBA's Senior Medical Advisor. The advisory opinion states that after reviewing the applicant's available service and VA medical records, no evidence of a medical disability or condition that would support a change to the reason of his separation was discovered. 13. The medical advisory opinion was provided to the applicant to allow him the opportunity to submit additional evidence, comments, or a rebuttal. He did not respond. REFERENCES: 1. Army Regulation 40-501 (Standards of Medical Fitness) provides that for an individual to be found unfit by reason of physical disability, the individual must be unable to perform the duties of his or her office, grade, rank, or rating. 2. Army Regulation 600-8-22 (Military Awards) prescribes Department of the Army policy, criteria, and administrative instructions concerning individual and unit military awards. This regulation provides that: a. 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 b. The National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined. c. The Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981. Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours. The award may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an active Army status on or after 1 August 1981. 3. Army Regulation 635-5 (Separation Documents), in effect during the applicant's period of active duty service, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It provides standardized policy for the preparation of the DD Form 214. The version in effect at the time provided that item 26 of the DD Form 214 covered the entire Army Service. DISCUSSION: 1. The applicant requests correction of his records to show he was separated for medical reasons and correction of his DD Form 214 to show all awards he is authorized. 2. The applicant's record is void of derogatory information or evidence that indicates his commander took action to disqualify him for the Army Good Conduct Medal. Based on this fact, and based on his commander's assessment of his duty performance, it appears an administrative error occurred when he was not awarded the Army Good Conduct Medal for the period 21 November 1974 to 14 November 1977 prior to his release from active duty. 3. The evidence of record shows the applicant served on active duty honorably during his IADT from 3 May to 30 August 1974. Therefore, he is authorized the National Defense Service Medal. This award is not shown on his DD Form 214. 4. The applicant's DD Form 214, for the period ending 30 August 1974, shows he was awarded the Expert Marksmanship Qualification Badge with Rifle and Grenade Bars. This marksmanship badge with corresponding bars is not shown on his DD Form 214 for the period ending 14 November 1977. 5. The evidence confirms the applicant completed an overseas tour in Germany. However, he was released from active duty in November 1977, the Overseas Service Ribbon was not authorized until 1 August 1981, and there is no evidence he held an active Army status on or after that date. 6. There is no evidence in the available records that shows he was unable to perform his military duties due to a physical disability. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160003440 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160003440 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2