ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 22 October 2019 DOCKET NUMBER: AR20160016509 APPLICANT REQUESTS: in effect, correction of his records to show all his awards and decorations. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 (Certificate of Release or Discharge from Active Duty) * Army Achievement Medal and Army Commendation Medal Certificates * Multiple Certificates of Achievement, Certificates of Training, and Certificates of Participation * Diploma for award of Military Occupational Specialty (MOS) * Physical Profile, Medical Evaluation Board (MEB), Physical Evaluation Board (PEB), and associated medical documents * Combat-Related Specialty Compensation (CRSC) decisions FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states he held a combat MOS, 63D (Heavy Howitzer Mechanic), with 100% in his school and his unit. He worked side by side with special weapons moving Nuclear weapons and was assigned to the gun that shot them. He has awards out of his 63D MOS. It was a total disservice to him that it was not in his temporary disability retired list (TDRL). He has suffered long and it should have been in there. He wants his awards back from “Best Maintenance” in 3ID (3rd Infantry Division), 2nd Battalion, 39th Field Artillery, B Company. He earned them for the rest, and the Koreans took them away from him. 3. Review of the applicant’s available service records shows: a. He enlisted in the Regular Army on or about 16 January 1984. He completed training from 27 March 1984 to 4 May 1984 for award of MOS 63D (Self-Propelled Field Artillery Systems Mechanic). b. He was assigned to B Company, 2nd Battalion, 39th Field Artillery, 3rd Infantry Division, Germany, and participated in several training exercises (Reforger Exervise). c. He provides several certificates of training, certificates of achievement, and certificates of participation. d. Permanent Orders Number 80-3, issued by Headquarters, 3rd Infantry Division on 23 October 1985 awarded him the Army Achievement Medal for meritorious achievement from 9 September 1985 to 13 September 1985. He provides the resultant certificate. e. He provides a certificate, dated 10 November 1986, reflecting award of the Army Commendation Medal for meritorious service as an Assistant Gunner while assigned to B Battery, 1st Battalion, 77th Field Artillery, 194th Armored Brigade, Fort Knox, KY, from 11 August 1986 to 4 September 1986. No order accompanied this certificate. f. On 20 November 1987, he was diagnosed with Anterior cruciate deficient left knee with anterolateral rotatory instability, status post knee reconstruction, and tear of the posterolateral meniscus, status postsubtotal meniscectomy. An MEB determined those conditions did not meet retention standards. g. On 1 December 1987, a physical evaluation board (PEB) found him physically unfit and rated his medical condition(s) at 30% disabling. The PEB recommended his placement on the temporary disability retired list (TDRL). The PEB noted that his conditions did not result from a combat-related injury as defined by law. h. He was honorably retired on 24 January 1988 and he was placed on the TDRL on 25 January 1988. His DD Form 214 shows he completed 4 years and 21 days of active service. He was awarded or authorized: * Army Achievement Medal * Army Commendation Medal * Army Service Ribbon * Overseas Service Ribbon * Good Conduct Medal * Marksman Marksmanship Qualification Badge with Rifle Bar i. On 20 July 1989, the U.S. Total Army Personnel Command (now known as the U.S. Army Human Resources Command (HRC)) published Orders D139-5 removing him from the TDRL and permanently retiring him due to disability effective 20 July 1989. j. He provides documents showing he applied for Combat-Related Specialty Compensation (CRSC) in 2011 and 2016 (for his low back degenerative disc disease, right ankle laxity, and residuals of knee injury), but HRC informed him that he did not qualify, as his medical conditions were not combat related. k. There is no indication in his service record to confirm any combat deployments or receipt of any additional awards. 4. By regulation (AR 600-8-22), all personal decorations, such as the Bronze Star Medal, Meritorious Service Medal, Army Commendation Medal, and/or Army Achievement Medal, require a formal recommendation, approval through the chain of command, and announcement in orders. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the military record, the Board found the relief was not warranted. 2. All awards he earned that warrant placement on a DD Form 214 are shown on his DD Form 214. Other requested recognition (such as the best maintenance award) are not proper for placement on a DD Form 214. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING X X X DENY APPLICATION 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. 4/15/2020 X CHAIRPERSON Signed by: 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. REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three years after discovery of the alleged error or injustice. This provision of law also allows the ABCMR to excuse an applicant's failure to timely file within the three-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) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, Army Good Conduct Medals, service medals and ribbons, combat and special skill badges and tabs, unit decorations, trophies, and similar devices awarded in recognition of accomplishments. //NOTHING FOLLOWS//