BOARD DATE: 1 May 2018 DOCKET NUMBER: AR20160007131 BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : 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: 1 May 2018 DOCKET NUMBER: AR20160007131 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 retirement DD Form 214 (Report of Separation from Active Duty) to show the Legion of Merit and Army Commendation Medal (2nd Award). 2. The applicant states at retirement, the 90th Medical Detachment Transition Center in Germany failed to add the requested awards. 3. The applicant provides * DD Form 214, ending on 31 August 1977 * Permanent Orders 96-1 and Certificate for Award of the Legion of Merit * Certificate for award of the Army Commendation Medal * General Orders (GO) Number 11 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 5 May 1957. He was honorably released from active duty on 26 August 1960. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows: * he completed 3 years, 2 months, and 22 days of active service * he held the rank/grade of specialist four (SP4)/E-4 and he was eligible to reenlist * no awards or decorations are listed on this form 3. He reenlisted in the Regular Army on 22 November 1960 and he held military occupational specialty 91E (Dental Specialist). He served through multiple reenlistments in a variety of stateside or overseas assignments, including: * Germany, 21 October 1958 to 24 August 1960 * Germany, 13 August 1962 to 18 July 1966 * Germany, 21 January 1975 to 30 June 1977 4. He was awarded five awards of the Army Good Conduct Medal for the following periods: * 1st Award, 22 November 1960 through 21 November 1963 * 2nd Award, 22 November 1963 through 21 November 1966 * 3rd Award, 22 November 1966 through 21 November 1969 * 4th Award, 22 November 1969 through 21 November 1972 * 5th Award, 22 November 1972 through 20 [sic] November 1975 5. GO Number 32, issued by Headquarters, Brooke Army Medical Center, Fort Sam Houston, TX on 14 July 1969 awarded him the Army Commendation Medal for service from August 1966 to April 1969. 6. GO Number 11, issued by the Academy of Health Sciences, Fort Sam Houston, TX on 1 February 19674, awarded him the Army Commendation Medal (1st OLC) for service from July 1971 to December 1973. 7. PO Number 96-1, issued by Headquarters, U.S. Army Military Personnel Center, Europe on 8 July 1977 awarded him the Legion of Merit. 8. He was honorably retired on 31 August 1977 and he was placed on the Retired List in his retired rank/grade of master sergeant/E-8. He completed 20 years and 1 day of active service. His DD Form 214, ending on 31 August 1977 shows he was awarded or authorized the: * National Defense Service Medal * Army Commendation Medal * Good Conduct Medal (5th Award) REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) provides for awards of the Legion of Merit and Army Commendation Medal. It also provides for award of the Army Good Conduct Medal. The Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity. Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified. Any one of the following periods of continuous enlisted active Federal military service qualifies for award: * Each 3 years completed on or after 27 August 1940 * For first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946 * For first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year * For first award only, upon termination of service, on or after 27 June 1950, of less than 1 year when final separation was by reason of physical disability incurred in line of duty * For first award only, for those individuals who died before completing 1 year of active Federal service if the death occurred in the line of duty 2. Army Regulation 635-5 (Separation Documents) established the standardized policy for preparing and distributing the DD Form 214. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty and will be prepared for all personnel at the time of retirement, discharge, or release from active duty. DISCUSSION: 1. GO awarded the applicant two awards of the Army Commendation Medal. His DD Form 214 listed only one award. 2. PO awarded the applicant the Legion of Merit. This award is not listed on his DD Form 214. 3. The applicant completed 20 years and 1 day of active service. He was awarded five awards of the Army Good Conduct Medal in periods of 3 years each beginning on 22 November 1960 and ending on 21 November 1975. However, he initially enlisted in the Regular Army on 5 June 1957 and he was honorably released from active duty on 26 August 1960. a. During this period, he completed 3 years, 2 months, and 22 days of continuous active service. He attained the rank/grade of SP4/E-4 and he was fully eligible to reenlist. Absent any derogatory information in his files, it appears he met the criteria for an additional award of the Army Good Conduct Medal for the 3-year period from 5 June 1957 through 4 June 1960. b. Should the Board determine relief is warranted, the applicant may be issued a sixth award of the Army Good Conduct Medal for his first 3 years of consecutive active service in the Regular Army. BOARD DATE: 1 May 2018 DOCKET NUMBER: AR20160007131 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: * awarding the applicant the Army Good Conduct Medal for the period 5 June 1957 through 4 June 1960 * deleting from his DD Form 214, ending on 31 August 1977 the Army Commendation Medal and Good Conduct Medal (5th Award) * adding to his DD Form 214 ending on 31 August 1977 the following awards: * Army Good Conduct Medal (6th Award) * Army Commendation Medal (2nd Award) * Legion of Merit 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20160007131 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160007131 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2