ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 27 August 2019 DOCKET NUMBER: AR20190009411 APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his overseas service in Germany and Southwest Asia, as well as three awards of the Army Achievement Medal. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DA Form 638 (Recommendation for Award) (2 awards of the Army Achievement Medal) * Front page of DA Form 638 recommending him for the Army Commendation Medal * Orders 036-403, deployment to Southwest Asia * Reassignment orders out of Germany 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 states the missing information is legitimate. He deployed to those locations and he earned the awards that are not listed. 3. Review of the applicant’s service records shows: a. He enlisted in the Regular Army on 31 October 1990. He completed training and was awarded military occupational specialty 13B (Cannon Crewmember). b. Order issued by Headquarters U.S. Army Field Artillery Center, Fort Sill, OK ordered him and other Soldiers to deploy in support of Operation Desert Storm for 180 days beginning on or about 7 February 1991. His DA Form 2-1 (Personnel Qualification Record) shows: * on 18 February 1991, he departed to Fort Knox, KY in temporary duty status in support of Operation Desert Storm * on 27 March 1991, he departed enroute to Fort Carson, CO * on 15 February 1992, he departed enroute to Germany c. His name is not listed on the Gulf Roster as having deployed to Southwest Asia and his DA Form 2-1 does not list deployment to Southwest Asia. d. He served in Germany on a permanent change of station (PCS) from 17 January 1993 to 11 July 1993 (5 months and 25 days). e. He provides DA Form 638, dated 5 August 1991, awarding him the Army Achievement Medal for achievement from 14 to 27 July 1991, by Permanent Orders Number 13-11, issued by Headquarters, 3rd Battalion, 29th Field Artillery on 8 August 1991. f. He provides DA Form 638, dated 14 May 1992, awarding him the Army Achievement Medal (1st Oak Leaf Cluster) for achievement from 28 to 30 April 1992, by Permanent Orders Number 47-10, issued by Headquarters, Division Artillery, Fort Carso, on 19 May 1992. g. He provides the front page of a DA Form 638, dated 4 September 1992, recommending him for the Army Commendation Medal for service from 1 April 1991 to 17 December 1992. The back page is not available. It is unknown if this award was approved, downgraded, or disapproved. h. He was honorably released from active duty due to a bar to reenlistment. His DD Form 214 shows he completed 2 years, 8 months, and 12 days of active service. It also shows in: * Block 12f (Foreign Service), 5 months and 25 days * Block 13 (Decorations, Medals, Badges, Commendations and Campaign Ribbons Awarded or Authorized) National Defense Service Medal, Army Service Ribbon, Expert Marksmanship Qualification Badge with M-16 and Grenade Bars * Block 18 (Remarks) no entries pertaining to service in Southwest Asia or any HF/IDP area 4. By regulation (AR 635-5), the DD Form 214 is a summary of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of all current active, prior active, and prior inactive duty service at the time of release from active duty, retirement, or discharge. For Block 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214, and for Block 18, a later version of AR 635-5 mandates an entry for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter "Service in (name of Country Deployed) From (inclusive dates, for example to )." * The applicant’s service in Germany was in PCS status, not a deployment; it is captured in Block 12f (Foreign Service) of is DD Form 214 * The applicant was issued a deployment order in support of Operation Desert Storm; however, no evidence shows he served in Southwest Asia; his service record does not contain a manifest, deployment orders, temporary duty orders, or an award certificate confirming his service in Southwest Asia, and exact dates of such service; his name is not listed on the Gulf War roster and his DA Form 2-1 does not list his service in Southwest Asia 5. By regulation (AR 600-8-22) award of the Army Commendation Medal and/or the Army Achievement Medal requires a formal recommendation, approval through the chain of command, and announcement in orders. * He provides two DA Form 638 confirming two awards of the Army Achievement Medal * He provides a third DA Form 638 recommending him for the Army Commendation Medal for service from 1 April 1991 to 17 December 1992; the back page is not available; it is unknown if this award was approved, downgraded, or disapproved BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found some relief was warranted. The applicant’s contentions were carefully considered. Based upon the documentary evidence provided by the applicant and found within the applicant’s military service record, the Board found evidence which shows he was awarded 2 AAMs; however, they were not listed on his DD Form 214. Orders for a third AAM was not available. Additionally, the applicant’s record shows he was assigned to Germany, and the DD Form 214 accurately accounts for his service there. The Board agreed that his record is absent any evidence showing he deployed to Southwest Asia after receiving orders to do so. 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 block 13 of his DD Form 214 for the period ending 12 July 1993 by adding the Army Achievement Medal (2nd 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 adding a third AAM, Southwest Asia service and awards, and service in Germany. 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 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 600-8-22 (Military Awards) states: a. The Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service. b. 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. c. As with all personal decorations, awards of the Army Commendation Medal and/or the Army Achievement Medal requires a formal recommendation, approval through the chain of command, and announcement in orders. 3. Army Regulation 635-5 (Separation Documents) in effect at the time, established the standardized policy for preparing and distributing the DD Form 214. It is important that information entered on the form should be complete and accurate. It stated for item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214. For an active duty Soldier deployed with his or her unit during their continuous period of active service, enter Service in (name of Country Deployed) From (inclusive dates for example YYYYMMDD To YYYYMMDD. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20190009411 5 1