ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 16 October 2019 DOCKET NUMBER: AR20180003383 APPLICANT REQUESTS: In effect to add the following to his DD Form 214 (Report of Separation from Active Duty): * Item 18(f) (Foreign and/or Sea Service this Period): 3 months * Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized): Overseas Service Ribbon, Noncommissioned Officer Professional Development Ribbon, and Army Service Ribbon * Item 27 (Remarks): 100% service connected VA disability APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Permanent Orders 136-2, dated 12 August 1977 * Letter of appreciation, dated 10 July 1978 * Certificate of Achievement, dated 8 March 1979 * Noncommissioned officer academy (NCOA) diploma (Primary Leadership Course(PLC)), dated 6 April 1979 * DD Form 214 * DD Form 215 (Correction to DD Form 214) * Honorable Discharge Certificate US Army Reserve (USAR), dated 17 February 1982 * Department of Veterans Affairs (DVA) letter, dated 1 April 2015 * Letter to the President of the United States (POTUS), dated 7 January 2018 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 his DD Form 214 fails to recognize service overseas and basic ribbons. He was twice deployed overseas and participated in REFORGER (Return of Forces to Europe) 77 and 79. Moreover, on 31 January 1979 while deployed to the Federal Republic of Germany and simulating war exercises, he was injured. Those injuries resulted in 100% permanent and total disability rating by the DVA. After serving in both inactive and active reserves, he was discharged on 17 February 1982. 3. The applicant provides: * Permanent Orders 136-2, dated 12 August 1977 showing his unit was ordered to temporary change of station on or about 25 August 1977 to participate in REFORGER 77 in Europe * Letter of appreciation, dated 10 July 1978 making mention of REFORGER 77 in which the applicant participated in * Certificate of Achievement, dated 8 March 1979 rewarding the applicant for his outstanding meritorious achievement during the period15 January 1979 to 28 February 1979, while participating in exercise REFORGER 79 * NCOA diploma dated 6 April 1979 showing he graduated the PLC * DD Form 214 which shows in item 18(f): no time reflected, Item 26: expert (M-16 Rifle & .45 Cal Pistol) and Sharpshooter (Hand Grenade), Item 27 (Remarks): Training Completed - Intelligence Analyst, Primary Leadership Course, and Race Relations * DD Form 215 which shows a correction to his DD Form 214 ending 1 August 1979 adding Army Commendation Medal on 14 January 1980 and another issued on 24 April 1980 adding Good Conduct Medal for the same ending period * Honorable Discharge Certificate from the USAR, dated 17 February 1982 * DVA letter, dated 1 April 2015 showing he is 100% combined service-connected disability total and permanently disabled * Letter to the POTUS, dated 7 January 2018 stating he has not received a response from his application 4. A review of the applicant’s service records shows the following: a. He enlisted in the Regular Army on 2 August 1976. b. DA Form 2-1 (Personnel Qualification Record) block 5 (Oversea Service) has no entry. c. DA Form 1059 (Service School Academic Evaluation Report) shows he achieved course standards for PLC. He was also issued NCOA diploma dated 6 April 1979. d. His DD Form 214 shows he was honorably relieved from active duty on 1 August 1979. In item 18(f): there is no time reflected, Item 26: expert (M-16 Rifle & .45 Cal Pistol) and Sharpshooter (Hand Grenade), Item 27 (Remarks): Training Completed - Intelligence Analyst, Primary Leadership Course, and Race Relations. e. His DD Form 215 shows a correction to his DD Form 214 ending 1 August 1979 adding Army Commendation Medal on 14 January 1980 and another issued on 24 April 1980 adding the Army Good Conduct Medal for the same ending period. 5. Army Regulation (AR) 600-8-22 (Military Awards) paragraph 5-4 states the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981. Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours. The award may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an Active Army status on or after 1 August 1981. Numerals are used to denote the second and subsequent awards of the Overseas Service Ribbon. a. Paragraph 5-5 states the Army Service Ribbon was established by the Secretary of the Army on 10 April 1981. Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award upon successful completion of initial entry training. The award may be awarded retroactively to those personnel who completed the required training before 1 August 1981 provided they had an Active Army status on or after 1 August 1981. (NOTE: The regulation at least up to the December 2006 version is confusing. It first states all members of the Active Army, ARNG, and USAR in an active Reserve status are eligible for the award. It then goes on to state it may be awarded retroactively to those who completed training before 1 August 1981 provided they had an Active Army status on or after 1 August 1981, which excludes ARNG and USAR Soldiers. Per guidance from HRC Awards Branch on 20 August 2009, service in an active Reserve status also counts towards eligibility in retroactive cases. However, service in the IRR is also in an active Reserve status, so HRC further clarified that only service resulting in a paycheck counts as active Reserve service.) b. Paragraph 5-6 states the Noncommissioned Officer Professional Development Ribbon was established by the Secretary of the Army on 10 April 1981. It is awarded to Active Army, Army National Guard, and U.S. Army Reserve Soldiers for successful completion of designated NCO professional development courses. 6. AR 635-5 (Personnel Separations-Separation Documents) in effect at the time prescribes the separation documents which are prepared for individuals upon retirement, discharge, or release from active military service. Paragraph 2-8 ah (Item- by-item instructions) does not mention item 18 (f) (Foreign and/or sea service this period) the preceding version of this regulation states enter total active duty outside continental limits of the United States for the period covered by the DD Form 214 and the last oversea theater in which service was performed, e.g., "Foreign and/or Sea Service (USAREUR)", and (Item 27) Remarks states the remarks section will be used for entries required by HQDA for which a separate item is not available on the form and for completing entries that are too long for their respective blocks. When completing a long entry, the item number being completed must precede continuation of the comment in item 27. The narrative reason- for separation as indicated in AR 635-5-1 will be the last entry in the copy furnished to the Veterans Administration. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found some relief was warranted. The applicant’s contentions were carefully considered. Evidence of record shows he completed the Primary Leadership Course (PLC); however, the NCOPDR was not listed on his DD Form 214 as a result of completing PLC. The Board agreed he is not authorized the additional requested awards as they were not authorized for service members during the period in which he served. Regulatory guidance does not provide for the listing of VA ratings on Army separation documents. Finally, the Board agreed that he participated overseas in support of training exercises. His record is absent evidence showing he deployed in support of a named contingency mission. Therefore, the REFORGER missions are not listed on the DD Form 214. 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: 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 amending item 26 of his DD Form 214 for the period ending 1 August 1979 by adding the Noncommissioned Officer Professional Development Ribbon. 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 any additional relief. 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 (AR) 600-8-22 (Military Awards) paragraph 5-4 states the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981. Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours. The award may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an Active Army status on or after 1 August 1981. Numerals are used to denote the second and subsequent awards of the Overseas Service Ribbon. a. Paragraph 5-5 states the Army Service Ribbon was established by the Secretary of the Army on 10 April 1981. Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award upon successful completion of initial entry training. The award may be awarded retroactively to those personnel who completed the required training before 1 August 1981 provided they had an Active Army status on or after 1 August 1981. (NOTE: The regulation at least up to the December 2006 version is confusing. It first states all members of the Active Army, ARNG, and USAR in an active Reserve status are eligible for the award. It then goes on to state it may be awarded retroactively to those who completed training before 1 August 1981 provided they had an Active Army status on or after 1 August 1981, which excludes ARNG and USAR Soldiers. Per guidance from HRC Awards Branch on 20 August 2009, service in an active Reserve status also counts towards eligibility in retroactive cases. However, service in the IRR is also in an active Reserve status, so HRC further clarified that only service resulting in a paycheck counts as active Reserve service.) b. Paragraph 5-6 states the Noncommissioned Officer Professional Development Ribbon was established by the Secretary of the Army on 10 April 1981. It is awarded to Active Army, Army National Guard, and U.S. Army Reserve Soldiers for successful completion of designated NCO professional development courses. 3. AR 635-5 (Personnel Separations-Separation Documents) in effect at the time prescribes the separation documents which are prepared for individuals upon retirement, discharge, or release from active military service. Paragraph 2-8 ah (Item- by-item instructions) does not mention item 18 (f) (Foreign and/or sea service this period) the preceding version of this regulation states enter total active duty outside continental limits of the United States for the period covered by the DD Form 214 and the last oversea theater in which service was performed, e.g., "Foreign and/or Sea Service (USAREUR)", and (Item 27) Remarks states the remarks section will be used for entries required by HQDA for which a separate item is not available on the form and for completing entries that are too long for their respective blocks. When completing a long entry, the item number being completed must precede continuation of the comment in item 27. The narrative reason- for separation as indicated in AR 635-5-1 will be the last entry in the copy furnished to the Veterans Administration. 4. The VA Schedule for Rating Disabilities (VASRD) is primarily used as a guide for evaluating disabilities resulting from all types of diseases and injuries encountered as a result of, or incident to, military service. Because of differences between Army and VA applications of rating policies, differences in ratings may result. Unlike the VA, the Army must first determine whether or not a Soldier is fit to reasonably perform the duties of his office, grade, rank, or rating. Once a Soldier is determined to be physically unfit for further military service, percentage ratings are applied to the unfitting conditions from the VASRD. These percentages are applied based on the severity of the condition at the time of separation. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180003383 5 1