ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


                   IN THE CASE OF:

                   BOARD DATE:  28 March 2019

                   DOCKET NUMBER:  AR20170012285


APPLICANT REQUESTS:  correction to his DD Form 214 (Certificate of Release or Discharge from Active Duty) by adding the:
* Purple Heart
* Army Good Conduct Medal
* Certificate of Appreciation
* Certificate of Recognition

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* Permanent Order 133-94
* Army Good Conduct Medal certificate
* Certificate of Recognition
* Certificate of Appreciation
* DD Form 214

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 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’s Army Good Conduct Medal is authorized by Permanent Order Number 142-698, dated 22 May 2005, Office of the Adjutant General, State of New York; therefore, it will be administratively corrected and not considered by the Board.  The Board will consider the remaining awards in his request.

3.  Having 3 months and 20 days total prior active service, the applicant entered active duty as a member of the Army National Guard on 1 October 2003.

4.  He served in Kuwait/Iraq from 26 February to 31 December 2004, a period of         10 months and 6 days.  
5.  The applicant was honorably released from active duty on 3 February 2005.  He completed 1 year, 4 months and 3 days net active service during this period.  Item 12f (Foreign Service) does not list his foreign service.  He was awarded or authorized the:

* Army Reserve Components Achievement Medal
* National Defense Service Medal
* Global War on Terrorism Expeditionary Medal
* Global War on Terrorism Service Medal
* Armed Forces Reserve Medal with M Device
* Army Service Ribbon
* Army Reserve Components Overseas Training Ribbon
* Combat Infantryman Badge

6.  On 12 April 2011, his DD Form 214 was corrected by DD Form 215 (Correction to DD Form 214) by adding the Purple Heart, Army Achievement Medal, and Meritorious Unit Commendation.

7.  The applicant provides a Certificate of Recognition and a Certificate of Appreciation.

8.  By regulation, only decorations, medals, and ribbons are listed on the DD Form 214.  Certificates of achievement, letters of appreciation, and similar documents are not listed.
BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found that partial relief was warranted.  The Board found that a DD215 was published in 2011 adding the Purple Heart; therefore, that portion of the request is recommended to be denied.

Additionally, the Board also found that certificates are not reflected on DD214s; therefore, that portion of the request should be denied.

However, the Board noted the administrative note reflected below by the analyst of record and therefore, the Board recommended granting awarding the Army Good Conduct Medal.

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

X	X	X	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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 Army records of the individual concerned be corrected by amending his DD Form 214 by awarding him the Army Good Conduct Medal.
Additionally, prior to closing the case, the Board noted the correction of Block 12f of the DD214 to reflect the foreign service of the applicant (noted in the administrative notes below).
SIGNATURE:
				 
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.


ADMINISTRATIVE NOTE(S):

A review of the applicant's records shows he is authorized administrative corrections to his DD Form 214.  As a result, amend his DD Form 214 by: 
* adding the Army Good Conduct Medal, based on Permanent Order Number 
142-698, dated 22 May 2005, Office of the Adjutant General, State of New York
* adding to item 12f the entry:  0000 10 06

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 Army Board for Correction of Military Records (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 635-5 (Separation Documents) at the time stated to list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 (Military Awards).  This regulation also gives the order of precedence for awards and decorations.  Only decorations, medals, and ribbons are listed.  Certificates of achievement, letters of appreciation, and similar documents are not listed.

ABCMR Record of Proceedings (cont)	 AR20170012285


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