BOARD DATE: 8 August 2018 DOCKET NUMBER: AR20170000321 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: 8 August 2018 DOCKET NUMBER: AR20170000321 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: * awarding him the Army Good Conduct Medal (1st Award) for his period of service from 31 January 1980 to 28 January 1983 * adding to his DD Form 214 – * Army Commendation Medal * Army Good Conduct Medal (1st Award) 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 the Army Achievement Medal and the addition of the Overseas Service Ribbon to his 1983 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: 8 August 2018 DOCKET NUMBER: AR20170000321 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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the Army Commendation Medal, Army Achievement Medal, Army Good Conduct Medal, and Overseas Service Ribbon. 2. The applicant states the above medals are not shown on his DD Form 214. He received the medal sets but has since lost them. In effect, he would like to replace his medal sets. 3. The applicant through his state Department of Veterans Affairs provided his 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. Service medals and awards are not issued by the Army Board for Correction of Military Records (ABCMR). However, the applicant may obtain his medals by submitting his request in writing to: National Personnel Records Center, ATTN: Army Reference Branch, 1 Archives Drive, St. Louis, Missouri 63138. This issue will not be further addressed in this Record of Proceedings. 3. The applicant enlisted in the Regular Army on 31 January 1980. 4. The applicant’s DA Form 2-1 (Personnel Qualification Record) contains the following pertinent information: * item 5 (Overseas Service) – U.S. Army Europe, Germany from 19 June 1980 to 26 February 1982 (21 months) * item 9 (Awards, Decorations and Campaigns) – * Army Service Ribbon * Overseas Service Ribbon * Marksman Marksmanship Qualification Badge with Rifle Bar * First Class [Sharpshooter] Marksmanship Qualification Badge with Hand Grenade Bar * item 18 (Appointments and Reductions) – highest rank held was sergeant (SGT)/pay grade E-5 5. Permanent Order 20-12 issued by Headquarters, 3rd Infantry Division on 8 February 1982 awarded him the Army Commendation Medal for his period of meritorious service from 24 June 1980 to 26 February 1982. 6. A review of his personnel record failed to yield copies of award orders announcing he received the Army Achievement Medal or the Army Good Conduct Medal. Further review shows his record does not contain a disqualification statement concerning award of the Army Good Conduct Medal. 7. On 28 January 1983 he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his military service statutory obligation. He was issued a DD Form 214 showing he attained the rank and grade of SGT/E-5 and he served 2 years, 11 months and 28 days of active service. This form also shows his authorized awards: * Army Service Ribbon * Overseas Service Ribbon * Marksman Marksmanship Qualification Badge with Rifle Bar * First Class [Sharpshooter] Marksmanship Qualification Badge with Hand Grenade Bar REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) states: a. the Army Achievement Medal is awarded to members of the Armed Forces of the United States, who while serving in a noncombat area on or after 1 August 1981, distinguished themselves by meritorious service or achievement. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. b. 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. c. 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 635-5 (Separation Documents), then in effect, established the standardized policy for preparing and distributing the DD Form 214. This regulation states for item 13 (Decorations, Medals, Badges, 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. Permanent orders awarded the applicant the Army Commendation Medal. His DD Form 214 does not reflect this award. 2. The applicant's record does not contain any orders or a recommendation for award of the Army Achievement Medal. This medal is a personal award, and requires a formal recommendation, approval through the chain of command, and announcement in orders. 3. The evidence of record shows the applicant received an honorable character of service and he attained the rank and grade of SGT/E-5. He served for 2 years, 11 months and 28 days completing his first enlistment period. His record contains no derogatory information or a commander's disqualification statement pertaining to the Army Good Conduct Medal. He meets the regulatory criteria for this award. 4. He requested the Overseas Service Ribbon for his overseas tour in Germany. A review of both his Enlisted Qualification Record and his DD Form 214 show this service ribbon was included as an authorized service ribbon. One Overseas Service Ribbon is awarded for each qualifying overseas tour a Soldier completes. The evidence of record shows the applicant completed one overseas tour. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20170000321 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20170000321 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2