IN THE CASE OF: BOARD DATE: 3 April 2019 DOCKET NUMBER: AR20170005892 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: 3 April 2019 DOCKET NUMBER: AR20170005892 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 add the Army Good Conduct Medal and the Combat Action Badge. 2. The applicant states he engaged the enemy in hand to hand combat, he was within 200 meters of a vehicle-borne improvised explosive device explosion, and he was within 100 meters of two incoming mortar rounds. The applicant states he suffers from post-traumatic stress disorder as a result of these encounters. 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: DA Form 199 (Informal Physical Evaluation Board (PEB) Proceedings), dated 16 July 2015. 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) prescribes Army policy, criteria, administrative instructions concerning individual and unit military awards. a. The Army Good Conduct Medal is awarded for exemplary behavior, efficiency, and fidelity in active Federal military service. It is awarded on a selective basis to each Soldier who distinguishes himself or herself from among his or her fellow Soldiers by exemplary conduct, efficiency, and fidelity throughout a specified period of continuous enlisted active Federal service. It is awarded for 3 years of service meeting the criteria or, for the first award, upon termination of active Federal service of more than 1 year but less than 3 years. There is no right or entitlement to the medal until the immediate commander has approved the award and the award has been announced in permanent orders. Disqualification must be justified in writing. b. The Combat Action Badge (CAB) provides special recognition to Soldiers who personally engaged, or are engaged by the enemy. The requirements for award of the CAB are branch immaterial. Assignment to a combat arms unit or a unit organized to conduct close or offensive operations, or performing offensive combat operations, is not required to qualify for the CAB. DISCUSSION: 1. 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, and 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. Army Regulation 15-185 (Army Board for Correction of Military Records) provides the policy and procedures for the Board. Paragraph 2-5 states that the Board will not consider any application until the applicant has exhausted all administrative remedies to correct the alleged error or injustice. a. U.S. Army Human Resources Command (HRC) Awards and Decorations Branch records indicate that the applicant has not requested award of the CAB through that office. b. Retroactive award of the CAB may be made by Commander, U.S. Army Human Resources Command, Awards and Decorations Branch (AHRC–PDP–A), 1600 Spearhead Division Avenue, Fort Knox, KY 40122–5408. c. The applicant must first make application to HRC, and receive a denial from the Awards branch before applying to this Board for award of the CAB. The applicant has not yet exhausted his administrative remedy, as such, the portion of his request pertaining to award of the CAB will not be addressed further in this case. The Board will address his request for award of the Army Good Conduct Medal. 3. On 11 March 2013, the applicant enlisted in the Regular Army the rank/grade of specialist/E-4. He held military occupational specialty 88M (Motor Transport Operator), and he served in Afghanistan from 10 February 2014 through 23 October 2014. 4. On 16 July 2015, an informal Physical Evaluation Board found the applicant physically unfit for duty. On 29 September 2015, he was honorably discharged due to disability with severance pay after completing 2 years, 6 months, and 19 days of active duty service. 5. The applicant's record is void of any derogatory information. There is no written communication from a commander that disqualifies him for the Army Good Conduct Medal. The applicant has no convictions by court-martial, or any record stating his retention was not warranted on the basis of his performance or conduct. 6. The Army Good Conduct Medal is authorized, for the first award only, upon termination of service of less than three years but more than 1 year. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20160006036 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20170005892 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2