BOARD DATE: 5 December 2017 DOCKET NUMBER: AR20160004479 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___x_____ __x______ __x___ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 5 December 2017 DOCKET NUMBER: AR20160004479 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. ___________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 December 2017 DOCKET NUMBER: AR20160004479 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 award of the Armed Forces Service Medal, Army Achievement Medal, Army Commendation Medal, Army Good Conduct Medal, and Tennessee National Guard Professional Development Ribbon. 2. The applicant states: a. He qualified for the Armed Forces Service Medal for significant activity awarded retroactively for his service of more than 30 days in Germany in 1968. b. He qualified for the Army Achievement Medal for outstanding achievement as the "Distinguished Graduate" during data processing training at Fort Benjamin Harrison, IN. c. He qualified for the Army Commendation Medal for acts of meritorious service as an end-of-tour award. d. He qualified for the Army Good Conduct Medal for his 3 consecutive years of honorable and faithful service. His service during the Vietnam War should include two Army Good Conduct Medal knots. e. He qualified for the Tennessee National Guard Professional Development Ribbon for achieving certification by the Tennessee National Guard as a graduate of honor guard training and assisting the Tennessee Army National Guard in performing final military honors for deceased veterans and their families. f. He qualified for the above listed awards but they were mistakenly not awarded or authorized. 3. The applicant provides his DD Form 214 (Certificate of Release or Discharge from Active Duty) covering the period 14 March 1968 through 19 June 1970. 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 Regular Army on 28 April 1967. 3. His DD Form 214 covering the period 28 April 1967 through 13 March 1968 shows he was discharged after 10 months and 16 days for the purpose of immediate reenlistment. It shows he was awarded the National Defense Service Medal. 4. He reenlisted on 14 March 1968 in Friedberg, Germany. 5. Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) does not show any service in Vietnam. His service locales after basic combat training and advanced individual training included Germany; Fort Benjamin Harrison, IN; and Fort Carson, CO. His conduct and efficiency ratings were "excellent" with the exception of his assignments to Company B, 2nd Battalion, 4th Brigade, Fort Jackson, SC, for advanced individual training and Battery C, 2nd Battalion, 27th Artillery Regiment, U.S. Army Europe, where his efficiency ratings were "good." 6. Item 41 (Awards and Decorations) of his DA Form 20 shows he was awarded the National Defense Service Medal. 7. A DA Form 2627-1 (Record of Proceedings under Article 15, Uniform Code of Military Justice (UCMJ)) shows he accepted nonjudicial punishment under the provisions of Article 15 of the UCMJ on 1 October 1969 for disobeying an order issued by Chief Warrant Officer Two B____ on 26 September 1969 by refusing to lay out his field gear. 8. He was honorably discharged as a conscientious objector on 19 June 1970 after 2 years, 3 months, and 6 days of net service during this period. Item 24 of his DD Form 214 shows he was awarded or authorized the National Defense Service Medal. 9. There is no evidence of record indicating he was ever recommended for, awarded, or authorized the Army Commendation Medal, Army Achievement Medal, Army Good Conduct Medal, or Tennessee National Guard Professional Development Ribbon. REFERENCES: 1. Army Regulation 600-8-22 prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. It provides the order of precedence for awards and decorations. State awards, to include the Tennessee Army National Guard Professional Development Ribbon, certificates of achievement, letters of appreciation, and similar documents are not listed in the order of precedence, thus are not included on the DD Form 214. b. The Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service. c. 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. d. The Armed Forces Service Medal may be awarded to members of the Armed Forces of the United States for operations for which no other U.S. campaign or service medal is approved and who, after 1 June 1992, participate or have participated as members of U.S. military units in a U.S. military operation deemed to be a significant activity and encounter no foreign armed opposition or imminent threat of hostile action. e. The Noncommissioned Officer Professional Development Ribbon was established by the Secretary of the Army on 10 April 1981. It is awarded to Active Army, Army National Guard, and U.S. Army Reserve Soldiers for successful completion of designated noncommissioned officer professional development courses. 2. Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for the first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year. 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. Service school efficiency ratings based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 were not disqualifying. There must have been no convictions by a court-martial. However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders. 3. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers upon retirement, discharge, or release from active duty service or control of the Active Army. The instructions for item 24 stated to list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22. Each entry will be verified by the Soldier's records. (Later versions of the regulation specifically stated do not enter foreign or State level awards on the DD Form 214. State awards and decorations will be entered on the NGB Form 22 upon separation from the Army National Guard of the United States.) DISCUSSION: 1. There is no evidence of record the applicant was ever recommended for or awarded the Army Commendation Medal or Army Achievement Medal. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. 2. There is no evidence the applicant met the qualifications for award of the Armed Forces Service Medal. His records do not show he participated in a U.S. military operation after 1 June 1992 deemed to be a significant activity wherein no foreign armed opposition or imminent threat of hostile action was encountered and for which no other U.S. campaign or service medal was approved. His service in Germany in 1968 is not qualifying for this medal. 3. There is no evidence of record he successfully completed a noncommissioned officer professional development course after 10 April 1981 rendering him eligible for award of the Army Noncommissioned Officer Professional Development Ribbon. State awards, to include the Tennessee Army National Guard Professional Development Ribbon, are not listed on the DD Form 214. 4. The applicant accepted nonjudicial punishment under the provisions of Article 15 of the UCMJ in October 1969. He did not receive all "excellent" conduct and efficiency ratings. He did not meet the minimum eligibility criteria for award of the Army Good Conduct Medal. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160004479 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160004479 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2