BOARD DATE: 13 June 2018 DOCKET NUMBER: AR20160013445 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: 13 June 2018 DOCKET NUMBER: AR20160013445 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 (3rd Award) for the period 22 October 1998 through 21 October 2001, b. deleting the current entry in item 12f of his DD Form 214 and replacing it with the entry "0000  05  00," c. adding the following entries in item 14 of his DD Form 214: * Basic Noncommissioned Officer Course, 8 Weeks, 1998 * Defensive Driving Course, 1 Week, 2001 d. adding to item 18 of his DD Form 214 – "SERVICE IN SOUTHWEST ASIA FROM 19931201-19940430," e. deleting the Army Achievement Medal (3rd Award), Army Good Conduct Medal, and National Defense Service Medal from his DD Form 214 and f. adding to his DD Form 214: * Army Good Conduct Medal (3rd Award) * Army Achievement Medal (4th Award) * National Defense Service Medal with one bronze service star * Southwest Asia Service Medal with one bronze service star * Global War on Terrorism Service Medal * Meritorious Unit Commendation * Army Superior Unit Award * Air Assault Badge * Saudi Arabia Parachutist Badge * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) * Army Physical Fitness Badge 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: a. adding the Overseas Service Ribbon, 82d Airborne Division shoulder sleeve insignia for former wartime service, Meritorious Unit Commendation, or Army Superior Unit Award to his DD Form 214. b. adding the Pre-Ranger Course, Ranger School, Chemical Operations Specialist Course, Combat Lifesaver Course, and Dragon Gunner Course to item 14 of 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: 13 June 2018 DOCKET NUMBER: AR20160013445 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: a. four Army Achievement Medals, three Army Good Conduct Medals, Southwest Asia Service Medal with one bronze service star, two National Defense Service Medals, Global War on Terrorism Service Medal, Overseas Service Ribbon, 82nd Airborne Division shoulder sleeve insignia for former wartime service, Saudi Arabia Parachutist Badge, Air Assault Badge, Ranger Tab, Meritorious Unit Commendation, Army Superior Unit Award, Expert Marksmanship Qualification Badge with Rifle Bar (M-16), and Physical Fitness Badge and b. he completed the Pre-Ranger Course, Basic Noncommissioned Officer Course (BNCOC), Chemical Operations Specialist Course, Combat Lifesaver Course, Dragon Gunner Course, and Defensive Driver Course. 2. The applicant states he was under the assumption that his military schools and awards were properly reflected on his DD Form 214. He was not aware of the missing schools and awards until he submitted his paperwork to enlist in the U.S. Army Reserve. 3. The applicant provides: * four Army Achievement Medal orders * two Army Good Conduct Medal orders * Saudi Arabia Parachutist Badge orders * Air Assault Badge orders and certificate * DA Form 1059 (Service School Academic Evaluation Report) * Ranger/Pre-Ranger certificate * Joint Service Transcript * Combat Lifesaver certificate * Dragon Gunner certificate * Physical training and weapons certificates * Defensive Driver certificate * DA Form 2166-7 (Noncommissioned Officer Evaluation Report) * 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 enlisted in the Regular Army on 22 October 1992. 3. He provided a certificate of training showing he completed the 40-hour Dragon Gunner Course during the period 19 April 1993 to 23 April 1993. 4. The applicant took the Combat Life Saver Course, as a correspondence course, through the Army Correspondence Course Program on 20 October 1993. 5. Headquarters, Task Force, 2-43, Permanent Order Number 19-55, dated 1 May 1994, awarded him the Army Achievement Medal for meritorious achievement while deployed to Southwest Asia during the period 1 December 1993 to 1 May 1994. 6. The Gulf War Roster shows the applicant served in Southwest Asia from 1 December 1993 to 30 April 1994 (total of 5 months). 7. He provided a memorandum from the Adjutant General, Headquarters, 82d Airborne Division, dated 3 November 1994, showing he was authorized to accept and wear the Saudi Arabia Parachutist Badge. 8. His record does not contain evidence showing the exact dates of his assignment to 3d Battalion, 504th Parachute Infantry Regiment (PIR), 82nd Airborne Division. However, the evidence does confirm he was assigned to this unit from at least 1 December 1993 to 29 April 1996 9. Headquarters, 3d Battalion, 504th PIR, Permanent Order Number 15-25, dated 1 June 1995, awarded him the Army Achievement Medal for the period 15 April 1995 to 5 May 1995. 10. He provided a certificate of training showing he completed the 2-week Pre-Ranger Course during the period 6 November to 19 November 1995. 11. Headquarters, 82d Personnel Services Battalion, Permanent Order Number 69-35, dated 29 April 1996, awarded him the first award of the Army Good Conduct Medal for the period 22 October 1992 through 21 October 1995. 12. Headquarters, U.S. Army Garrison, Fort Belvoir, Permanent Order Number 108-38, dated 18 April 1997, awarded him the Air Assault Badge. 13. He provided a Record Fire Scorecard, dated 10 July 1997, showing he qualified expert on an unspecified rifle. 14. Headquarters, 3d U.S. Infantry, Permanent Order Number 321-19, dated 30 October 1997, awarded him the Army Achievement Medal for the period 15 September 1997 to 1 October 1997. 15. He provided a DA Form 1059, dated 12 March 1998, showing he completed BNCOC during the period 21 January 1998 to 12 March 1998. 16. He provided a diploma, dated 22 May 1998, for completion of the Ranger Course. His Joint Services Transcript shows he attended the Ranger Course from 23 March 1998 to 22 May 1998. 17. Headquarters, U.S. Army Garrison, Permanent Order Number 083-009, dated 24 March 1999, awarded him the Army Good Conduct Medal (2nd Award) for the period 22 October 1995 through 21 October 1998. 18. He provided an unofficial Joint Services Transcript (JST), containing American Council of Education (ACE) college credit recommendations for various training, correspondence courses, and duty or occupational experience. The JST recommended college credit for courses that fell within the realm of MOS 54B (Chemical Operations Specialist). The transcript verifies he took a Chemical Operations Specialist correspondence course on 1 July 1999. However, there is no evidence showing he completed the full time attendance training course and was awarded MOS 54B. 19. His DA Form 2166-7 (Noncommissioned Officer Evaluation Report) covering the period November 1999 through October 2000 states he qualified expert with his assigned M-16A2 weapon and he held and maintained an Army Physical Fitness Badge. 20. He provided documentation showing he completed the Military District of Washington Defensive Driving Course training requirement on 5 April 2001. However, there is no evidence showing the duration of this course. 21. Headquarters, 3d U.S. Infantry, Permanent Order Number 109-08, dated 19 April 2001, awarded him the Army Achievement Medal for the period 28 March 2001 to 2 April 2001. 22. He provided a certificate of appreciation, dated 21 November 2001, showing he scored 300 (perfect score) on the Army Physical Fitness Test on 30 October 2001. 23. On 4 October 2002, he was honorably released from active duty for completion of required active service. His DD Form 214 contains the following entries: a. item 11 (Primary Specialty): 11B3V Infantryman, 9 years 8 months b. item 12f (Foreign Service): 0000 00 00 c. item 13: * Army Commendation Medal * Army Achievement Medal (3rd Award) * Army Good Conduct Medal * National Defense Service Medal * Army Service Ribbon * Expert Infantryman Badge * Ranger Tab * Parachutist Badge * Driver and Mechanic Badge with Driver – Amphibious Clasp d. Item 14: Primary Leadership Development Course, 4 weeks, 1996 f. item 18 (Remarks): does not include an entry pertaining to foreign service 24. The United States Center of Military History, Lineage and Honors, shows that 3rd Battalion, 504th Infantry was awarded the Meritorious Unit Commendation for service in Southwest Asia and the Army Superior Unit Award in 1996. 25. There are no orders for a third award of the Army Good Conduct Medal for the period 22 October 1998 through 21 October 2001. There also is no evidence of any disciplinary action or a commander's disqualification that would have precluded him from being awarded a third Army Good Conduct Medal. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. 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 Southwest Asia Service Medal is awarded to members of the Armed Forces of the United States serving in Southwest Asia and the contiguous waters or airspace thereover on or after 2 August 1990 to 30 November 1995. A bronze service star is authorized for wear with this medal for participation in each credited campaign. Approved designated campaigns are: * Defense of Saudi Arabia (2 August 1990 to 16 January 1991) * Liberation and Defense of Kuwait (17 January 1991 to 11 April 1991) * Southwest Asia Cease-Fire (12 April 1991 to 30 November 1995) c. 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. Second and subsequent awards of the National Defense Service Medal are denoted by a bronze service star affixed to the National Defense Service Medal. d. The Global War on Terrorism Service Medal is authorized for award to members of the Armed Forces of the United States who participated in Global War on Terrorism operations outside of the area of eligibility designated for award of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or Iraq Campaign Medal. All Soldiers on active duty on or after 11 September 2001 to a date to be determined, having served 30 consecutive or 60 nonconsecutive days, are authorized award of the Global War on Terrorism Service Medal. e. The Overseas Service Ribbon is awarded for successful completion of overseas tours. f. The marksmanship qualification badge is awarded to indicate the degree – Expert, Sharpshooter, and Marksman – in which an individual has qualified in a prescribed record course. An appropriate bar is furnished to denote each weapon with which the individual has qualified. g. The Physical Fitness Badge was established by the SECARMY on 25 June 1986. Effective 1 February 1999, Soldiers who obtain a minimum score of 270 or above, with a minimum of 90 points per event, on the Army Physical Fitness Test and meet the body fat standards will be awarded the Physical Fitness Badge for Physical Fitness Excellence. Soldiers are required to meet the above criteria each record test to continue to wear the badge. POs are not required for award of the Physical Fitness Badge. 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: a. For item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214 from the Soldier's record. b. For item 14, list formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214. Include title, length in weeks, and year completed. This information is to assist the Soldier in job placement and counseling; therefore, do not list training courses for combat skills. c. 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 670-1 (Uniforms and Insignia) governs the requirements for wear of the shoulder sleeve insignia for former wartime service, commonly referred to as a "combat patch." This regulation authorizes optional wear of the U.S. Army shoulder sleeve insignia of any former wartime unit in which a Soldier served during a period of eligibility. Periods of eligibility are announced by Department of the Army and only shoulder sleeve insignia approved for wear by Headquarters, Department of the Army, are authorized to be worn on the right sleeve of the Army green and field uniforms to signify wartime service. There are no provisions for entering the shoulder sleeve insignia for former wartime service on the DD Form 214 as it is an item of uniform wear and not an award or decoration. DISCUSSION: 1. The applicant's record shows he was awarded four Army Achievement Medals, but his DD Form 214 shows three. 2. His DD Form 214 currently reflects the Ranger Tab, as such no corrective action is required. 3. His DD Form 214 shows one award of the Army Good Conduct Medal, but orders shows he was awarded two Army Good Conduct Medals (first award for the period 22 October 1992 through 21 October 1995 and second award for the period 22 October 1995 through 21 October 1998). It appears he also met the eligibility criteria for the third award of the Army Good Conduct Medal for the period 22 October 1998 through 21 October 2001 based on completion of 3 years of qualifying service. His DD Form 214 does not show three Army Good Conduct Medals. 4. The Gulf War Roster shows he served in Southwest Asia from 1 December 1993 to 30 April 1993. a. Item 12f of his DD Form 214 does not reflect his 5 months of foreign service. b. Based on his service in Southwest Asia, he is authorized award of the Southwest Asia Service Medal with one bronze service star. Item 13 of his DD Form 214 does not show this medal. c. Item 18 of his DD Form 214 does not reflect his service in in Southwest Asia from 1 December 1993 to 30 April 1994. 5. His DD Form 214 shows one award of the National Defense Service Medal, but he served two qualifying periods (from 2 August 1990 and 30 November 1995 and from 11 September 2001 and a date to be determined) for a second award of the National Defense Service Medals. His DD Form 214 does not show the National Defense Service Medal with one bronze service star. 6. He served a qualifying period for award of the Global War on Terrorism Service Medal. His DD Form 214 does not show this medal. 7. His record shows he maintained a score of 300 points of his APFT and was authorized the Army Physical Fitness Badge, however, this badge is not listed on his DD Form 214. 8. Army Regulation 600-8-22 states the Overseas Service Ribbon is awarded for successful completion of overseas tours. The applicant's 5-month deployment to Southwest Asia was a temporary duty assignment. There is no evidence showing he completed an overseas tour. 9. His request to correct his DD Form 214 to show the 82d Airborne Division shoulder sleeve insignia for former wartime service was noted. However, there are no provisions for entering the shoulder sleeve insignia for former wartime service on the DD Form 214 as it is an item of uniform wear and not an award or decoration. 10. The 1994 memorandum from the Adjutant General, 82d Airborne Division, confirmed he was authorized to accept and wear the Saudi Arabia Parachutist Badge. His DD Form 214 does not show this badge. 11. Orders show he was awarded the Air Assault Badge. His DD Form 214 does not show this badge. 12. His unit was awarded the Meritorious Unit Commendation and the Army Superior Unit Award during the period of his service. However, his DD Form 214 does not list these awards. . 13. His DA Form 2166-7 covering the period November 1999 through October 2000 shows he qualified expert with his assigned M-16A2 weapon. His DD Form 214 does not show the Expert Marksmanship Qualification Badge with Rifle Bar (M-16). 14. The certificate of training provided by the applicant shows he completed the 2-week Pre-Ranger Course, however, this is a course that teaches combat skills. Courses for combat skills are not entered on the DD Form 214. 15. The DA Form 1059 provided by the applicant shows he completed BNCOC. Item 14 of his DD Form 214 does not show this course. 16. Although his Joint Services Transcript shows he held duty MOS 54B on 1 July 1999, the evidence show he completed this course as a one day correspondence course, not as a formal in-service (full-time attendance) training course. Correspondence courses are not entered on the DD Form 214, only formal full-time attendance courses. 17. His Army correspondence course program shows he completed the 1-week Combat Lifesaver Course as a correspondence course. Correspondence courses are not entered on the DD Form 214, only formal full-time attendance courses. 18. The certificate of training provided by the applicant shows he completed the 1-week Dagon Gunner Course, however, this is a course that teaches combat skills. Courses for combat skills are not entered on the DD Form 214. . 19. Although he provided documentation showing he completed the Military District of Washington Defensive Driving Course training requirement on 5 April 2001, there is no evidence showing the duration of this course. Army Regulation 600-8- 22 requires the entries on the DD Form 214 include title, length in weeks, and year completed. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160013445 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160013445 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2