BOARD DATE: 11 July 2018 DOCKET NUMBER: AR20160016251 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: 11 July 2018 DOCKET NUMBER: AR20160016251 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: 11 July 2018 DOCKET NUMBER: AR20160016251 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 to this DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Army Commendation Medal and the Army Good Conduct Medal. 2. The applicant states these two awards are not reflected on his DD Form 214. 3. The applicant provides a copy of an Army Commendation Medal citation. 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 was inducted into the Army of the United States on 29 November 1967. 3. He completed training and was awarded a military occupational specialty. His DA Form 20 (Enlisted Qualification Record) shows he served his entire active service tour of duty at Fort Knox, Kentucky. 4. On 28 November 1969 the applicant was honorably released from active duty. He was issued a DD Form 214 which shows 2 years net service this period. He was promoted to staff sergeant/pay grade E-6 on 26 August 1969. His awards include the National Defense Service Medal and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar. 5. Item 38 (Record of Assignments) of his DA Form 20 shows he received "excellent" conduct and efficiency ratings except for a 2-week period when he attended a leader’s preparation course and received ratings of "good" in both conduct and efficiency. However, his record does not contain any other disqualifying information. 6. During the processing of this case, an inquiry was made to the U.S. Army Human Resources Command. An official conducted a search of the Awards and Decorations Computer Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973, and failed to find award orders for the applicant. 7. The applicant provided a copy of an Army Commendation Medal citation which states he performed exceptionally meritorious service in support of the objectives of the United States Army Armor Center, Fort Knox, Kentucky from October 1968 to November 1969. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) states awards made by the President, the Secretary of Defense, and the Secretary of the Army are announced in Department of the Army general orders. Awards of decorations and the Army Good Conduct Medal will be announced in permanent orders by the appropriate awards approval authority. Service medals and ribbons are administratively awarded to individuals who meet the qualifying criteria. 2. Army Regulation 600-8-22 states the ARCOM is 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. Award may be made to a member of the Armed Forces of a friendly foreign nation who, after 1 June 1962, distinguishes himself or herself by an act of heroism, extraordinary achievement, or meritorious service. The ARCOM is a personal award, and like all personal awards, it requires a formal recommendation, approval through the chain of command, and announcement in formal orders. 3. 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 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. 4 Army Regulation 635-5 (Separation Documents), then in effect, established the standardized policy for preparing and distributing the DD Form 214. This regulation states for item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) to enter all awards for all periods of service. Check the Soldier's records for validity of awards. DISCUSSION: 1. The criteria for the award of the first allows a Soldier, while in training, to receive an efficiency rating of “good” and still receive the Army Good Conduct Medal, but it does not extend that same provision to the conduct portion. 2. The evidence of record shows the applicant received an honorable character of service and he attained the rank of staff sergeant. Other than his one conduct rating of “good” his record shows no other derogatory information or a commander's disqualification statement pertaining to the Army Good Conduct Medal. 3. The applicant’s record does not contain any orders or a recommendation for award of the ARCOM. The ARCOM is a personal award, and requires a formal recommendation, approval through the chain of command, and announcement in orders. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160016251 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160016251 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2