IN THE CASE OF: BOARD DATE: 19 November 2018 DOCKET NUMBER: AR20160009282 BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 _________ _______ ________ GRANT FULL RELIEF ___x____ ___x____ ___x____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 19 November 2018 DOCKET NUMBER: AR20160009282 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. deleting the entries on the DD Form 214 (Certificate of Release or Discharge from Active Duty) at item 4a (Grade, Rate, Rank), 4b (Pay Grade), and 12h (Effective Date of Pay Grade); and b. adding to the DD Form 214 at item 4a "SGT", at 4b "E-5", 12h "1997  04  01"; and, at item 13 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized), the Korea Defense Service Medal. 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 any relief in excess of that described above. _____________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. IN THE CASE OF: BOARD DATE: 19 November 2018 DOCKET NUMBER: AR20160009282 THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests, in effect, the following corrections to his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show: a. at item 4a (Grade, Rate, Rank), as sergeant (SGT); b. at item 4b (Pay Grade), as E-5 c. at item 12h (Effective Date of Pay Grade), 1 April 1997; and, d. at item 13 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized), award of the 1) Army Commendation Medal; 2) Expert Marksmanship Qualification Badge with Rifle and Pistol Bars; and, 3) any campaign medals authorized. 2. The applicant states his DD Form 214 shows pay-grade of specialist (SPC)/ E-4, but he was promoted to SGT/E–5 while stationed at Fort Stewart, GA. This promotion is not properly reflected on his DD Form 214. He is missing the Army Commendation Medal, and he qualified as an expert with the rifle and pistol. He would also like all the campaign medals he was issued correctly identified on his DD Form 214. THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records with supporting document: * DD Form 214 2. Evidence from the applicant’s service record and Department of the Army and Department of Defense records and systems: * Official Military Personnel File (OMPF) * DA Form 2-1 (Personnel Qualification Record – Part II) * Noncommissioned Officer Evaluation Report (NCOER) letter * separation packet * 3rd Infantry Division (Mech) and Fort Stewart Orders Number 140-62, dated 20 May 1997 REFERENCES: 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. 2. Army Regulation 600-8-22 (Military Awards) states: a. 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. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. b. The Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea. The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense. 3. Army Regulation 600-8-19 (Enlisted Promotions and Reductions), as then in effect, states a Soldier's separation from the service before fulfilling the service remaining obligation does not invalidate the promotion if the service requirements were met at the time of promotion. DISCUSSION: 1. While 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 15 July 1993. 3. His DA Form 2-1 (Personnel Qualification Record - Part II) contains the following information: a. service in Korea from 3 May 1995 through 2 May 1996; b. award of the: 1) Sharpshooter Marksmanship Qualification Badge with Pistol Bar; 2) Sharpshooter Marksmanship Qualification Badge with Grenade Bar; 3) Army Service Ribbon; 4) National Defense Service Medal 5) Overseas Service Ribbon 6) Army Good Conduct Medal 4. The DA Form 2-1 does not show a promotion to SGT, award of the Army Commendation Medal, any campaign medals, award of any marksmanship qualification badge for the rifle or award of the Expert Marksmanship Qualification Badge with Pistol Bar. 5. 3rd Infantry Division (Mechanized) and Fort Stewart Orders Number 140-62, dated 20 May 1997, promoted the applicant to SGT/E-5 effective 1 April 1997. 6. On 4 August 1997, the applicant reported that his wife abandoned him and his two children. The applicant attempted to develop a Family Care Plan; however, due to financial limitations and a lack of any family close to his duty station, he was unable to do so. 7. On 15 August 1997, the applicant submitted a request for separation due to parenthood. 8. All of the separation processing documentation, except his separation orders, show his rank as SGT/E-5. The separation order shows it as SPC/E–4. 9. A memorandum for the Outprocessing Clerk notes that due to the applicant's pending separation (as a SGT), his Noncommissioned Officer Evaluation (NCOER) for the period April 1997 – August 1997 would not be signed in a timely manner. The NCOER was to be completed on 10 September 1997. The NCOER was not associated with the OMPF. 10. He was honorably released from active duty on 3 September 1997. His DD Form 214 shows his rank and grade as SPC/E-4, his effective date of rank as 1 October 1995, and his awards as the: * Army Good Conduct Medal * National Defense Service Medal * Army Lapel Button * Army Service Ribbon * Overseas Service Ribbon * Expert Marksmanship Qualification Badge with Grenade Bar * Sharpshooter Marksmanship Qualification Badge with Pistol Bar 11. The applicant did not identify what campaign medals he is was requesting to be reviewed or awarded and his available records do not contain any evidence he is eligible for any campaign medals. However, he does qualify for award of the Korea Defense Service Medal. 12. The applicant was promoted to SGT effective 1 April 1997. The separation center failed to review the applicant's complete record when completing the DD Form 214 rank and grade entries. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160009282 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160009282 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2