IN THE CASE OF: BOARD DATE: 1 March 2023 DOCKET NUMBER: AR20220009884 APPLICANT REQUESTS: in effect, a promotion and correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the: * National Defense Service Medal (NDSM) * Army Good Conduct Medal (AGCM) * Global War on Terrorism Service Medal (GWOTSM) * Overseas Service Ribbon (OSR) * Korea Defense Service Medal (KDSM) * Military Outstanding Volunteer Service Medal (MOVSM) * Joint Service Achievement Medal (JSAM) APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214, 10 August 2000 * National Personnel Records Center, 9 May 2022 FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10, U.S. Code, 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 Board will not consider the following portions of the applicant's request, as these items will be addressed through an administrative correction: * National Defense Service Medal * Overseas Service Ribbon * Korea Defense Service Medal ? 3. The Joint Service Achievement Medal does not fall within the purview of the ABCMR, as it is not an Army Award, it is a Department of Defense award. The ABCMR has no authority over DoD awards. a. DoD Manual 1348.33, Volume 4 (Manual of Military Decorations and Awards: DoD Joint Decorations and Awards) states the recommendation for the Joint Service Achievement Medal will be submitted for processing to the Assistant Director, Military Personnel Division, Human Resources Directorate, Washington Headquarters Service. b. This award will not be further addressed in the Record of Proceedings. 4. The applicant states, in effect: a. The requested awards can be easily proven by reviewing his DD Form 214. He understands that in aviation they were work-oriented and taking the time to award these were uncommon. He states his unit would set aside time to honor Soldiers by awarding medals, and other times, like his volunteer award, it was more informal, and the shop/squad would honor you for being that guy who freed up their weekends and family time. He received replacement medals and he is asking for what he earned and nothing more. b. As an aviator the promotion points system sucked, and the points were always maxed out. The applicant states that he was called sergeant (SGT) for a long time, but he was only a specialist/E-4. This was such a common issue in the Army that the rules were changed. He states that his unit talked about the old "Tec Ranks" but did not put them on. The applicant provides an example: "At the 101st his unit was the 8-101st on paper, but he stopped working there and work ordered himself to a line unit so he could have the experience." He was finally granted a reassignment and because of his experience, he was allowed to conduct his own Forward Arming and Refueling Point (FARP) and lead phase teams as a private first class (PFC). While stationed in Korea they tried to get him promoted, but the promotion was slowed down due to the promotion points system. c. He is old now and his kids are asking questions that he should have answers to, and it not only makes him look bad, but his units as well. He states the injustice should fall on his last duty station and his overseas duty station (1997-2000). 5. The applicant enlisted in the Regular Army on 11 August 1994, in the rank/grade of private first class (PFC)/E-3. ? 6. His enlisted record brief (ERB), dated 12 June 2000, contains the following entries: a. Section G (Assignment History) - Arrived in Camp Casey Korea on 7 September 1997 b. Section I (Service Data) - Grade/Date of Rank: * E-3/PFC - 11 August 1994 * E-2/PV2 - 11 February 1995 * E-4/SPC - 1 December 1997 7. The applicant's record does not contain promotion orders or any evidence of a promotion to sergeant (SGT). 8. The applicant's records does not reflect orders awarding him the Army Good Conduct Medal; nor is there any evidence of a commander's disqualification for the award. Additionally, there is no evidence of any convictions by court-martial or receipt of nonjudicial punishment under Article 15, Uniform Code of Military Justice. 9. There is no documentation in the applicant's record to show he was recommended for or awarded the Military Outstanding Volunteer Service Medal. 10. The Defense Finance and Accounting Service (DFAS) reviewed the applicant's Master Military Pay Account. The review verified that the applicant served in Korea from 7 September 1997 to 31 August 1998. 11. The applicant was honorably released from Active Duty on 10 August 2000 upon completion of his required active service. His DD Form 214 contains the following entries: a. Block 12f (Foreign Service) - 1 year, 0 months, and 0 days b. Block 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) - * Army Commendation Medal * Army Achievement Medal (2nd Award) * Army Lapel Button * Army Service Ribbon * Sharpshooter Badge (rifle) * Aircraft Crewman Badge * Air Assault Badge c. Block 18 (Remarks) - Member completed first full term of service. Block 18 does not list the location of his foreign service. d. Block 24 (Character of Service) - Honorable e. Block 25 (Separation Authority) - Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), Chapter 4 f. Block 26 (Separation Code) - LBK g. Block 27 (Reentry Code) - 3 h. Block 28 (Narrative Reason for Separation) - Completion of required active service 12. The applicant provides a letter from the National Personnel Records Center, dated 9 May 2022, which authorized the shipment of several awards based on the documents the applicant provided and/or official documents available. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that partial relief was warranted. The Board carefully considered the applicant's record of service, documents submitted in support of the petition and executed a comprehensive and standard review based on law, policy and regulations. Upon review of the applicant’s petition and available military records the Board determined there was insufficient evidence to support the applicant participated in Global War on Terrorism operations outside of the areas of eligibility to meet the criteria for award of the GWOTEM. The Board determined his record is absent evidence that shows he was promoted to SGT/E-5 prior to his discharge. Based on regulatory guidance, promotion to SGT/E-5 are announced with official orders. Furthermore, the Board determined the applicant’s record is absent evidence that show he was recommended and met the criteria for award of the Military Outstanding Volunteer Service Medal. The burden of proof rest on the applicant to provide sufficient evidence based on regulator guidance to demonstrate he meet the following requirements: (1) be to the civilian community, to include the military family community; (2) be significant in nature and produce tangible results; (3) reflect favorably on the Military Service and the Department of Defense; and (4) be of a sustained and direct nature. 2. However, the Board determined the applicant's service record did not reflect he was awarded the Army Good Conduct Medal (1st award) and his record shows he received "excellent" conduct and efficiency ratings throughout his service for the period of 11 August 1994 to 10 August 2000. Based on this the Board determined partial relief was warranted and granted relief for correction of the applicant’s record to show award of the Army Good Conduct Medal. 3. Prior to closing the case, the Board did note the analyst of record administrative notes below, and recommended the correction is completed to more accurately depict the military service of the applicant. 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. In addition to the administrative notes annotated by the Analyst of Record (below the signature), the Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As such, the Board recommends that all Department of Army records of the individual concerned be corrected by awarding him the Army Good Conduct Meal (1stAward) for exemplary service from11 August 1994 to 10 August 2000 and adding the medal to his DD Form 214 for the period ending 10 August 2000. 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 promotion to SGT/E-5, award of the Military Outstanding Volunteer Service Medal and the Global War on Terrorism Expeditionary Medal. 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): Administratively correct the applicant's DD Form 214 for the period ending on 10 August 2000 without action by the Board to add the following awards to block 13. * National Defense Service Medal * Overseas Service Ribbon * Korea Defense Service Medal 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 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 635-200, in effect at the time, set forth the basic authority for the separation of enlisted personnel. a. An honorable discharge is a separation with honor. The honorable characterization is appropriate when the quality of the Soldier's service generally has met the standards of acceptable conduct and performance of duty for Army personnel or is otherwise so meritorious that any other characterization would be clearly inappropriate. b. Chapter 4 establishes policy and prescribes procedures for separating a Soldier upon expiration of enlistment or fulfillment of service obligation. A Soldier being separated upon expiration of enlistment or fulfillment of service obligation will be awarded a character of service of honorable unless the soldier is in entry level status and service is uncharacterized. 3. Army Regulation 601-210 (Active and Reserve Components Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army, U.S. Army Reserve, and Army National Guard. Table 3-1 provides a list of RE codes, and states, RE code "3" applies to Soldiers who are not considered fully qualified for reentry or continuous service at time of separation, whose disqualification is waivable; they are ineligible unless a waiver is granted. 4. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) and the SPD/Reentry code cross reference table provide the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the separation codes to be entered on the DD Form 214. In effect at the time, the regulation prescribed Soldiers separated under the provisions of AR 635-200, chapter 4, with a separation code of "LBK", the Soldier is ineligible for, barred from or otherwise denied reenlistment who is separated on completion of enlistment. 5. Army Regulation 600-8-22 (Military Awards) states: a. Global War on Terrorism Service Medal is authorized for award to members of the Armed Forces of the United States who participated in Global War on Terrorism operations outside of the areas of eligibility designated for award of the GWOTEM, Afghanistan Campaign Medal, or ICM. All Soldiers on active duty on or after 11 September 2001 to a date to be determined having served 30 consecutive or 60 nonconsecutive days are authorized the GWOTSM. b. Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service. This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service. Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified. While any record of nonjudicial punishment could be in conflict with recognizing the Soldier’s service as exemplary, such record should not be viewed as automatically disqualifying. The commander analyzes the record, giving consideration to the nature of the infraction, the circumstances under which it occurred, and when. Conviction by courts-martial terminates a period of qualifying service; a new period begins the following day after completion of the sentence imposed by the court-martial. Individuals for whom a bar to reenlistment has been approved are not eligible for award of the Army Good Conduct Medal. Disqualification for an award of the Army Good Conduct Medal can occur at any time during a qualifying period. c. Military Outstanding Volunteer Service Medal may be awarded to members of the Armed Forces of the United States and their Reserve Components who, subsequent to 31 December 1992, perform outstanding volunteer community service of a sustained, direct, and consequential nature. To qualify for award of the Military Outstanding Volunteer Service Medal a service member's volunteer service must meet the following requirements: (1) be to the civilian community, to include the military family community; (2) be significant in nature and produce tangible results; (3) reflect favorably on the Military Service and the Department of Defense; and (4) be of a sustained and direct nature. d. National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined. e. Overseas Service Ribbon established by the SECARMY on 10 April 1981, is awarded to Soldiers of the U.S. Army for successful completion of overseas tours. Effective 1 August 1981, all Soldiers of the Regular Army, Army National Guard, and U.S. Army Reserve in an active Reserve status are eligible for this award. Soldiers must be credited with a successful completion of an overseas tour in accordance with AR 614–30 (Overseas Service). f. Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea. The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense. 6. Army Regulation (AR) 600-8-19 (Enlisted Promotions and Reductions) in effect at the time, states in order to be promoted to SGT a Soldier must meet the following eligibility requirements: a. Must be promoted in Career Progression Military Occupational Specialty (CPMOS) and be fully qualified in their MOS, to include meeting school requirements; b. Resident Primary Leadership Development Course (PLDC); c. 36 months time in service (TIS) and eight months time in grade (TIMIG); d. Must be eligible to reenlist; e. Must possess a current passing Army Physical Fitness Test (APFT) score and must not be older than 12 months from the date the Soldier met the cutoff score; f. Cannot be enrolled in the Alcohol and Drug Abuse Prevention and Control Program (ADAPCP); g. Have a minimum of 350 points after a board appearance; h. Not be flagged; i. Considered physically qualified for promotion unless undergoing medical evaluation proceedings to determine ability to perform in their CPMOS; and j. Meet service remaining requirements; 6 months for promotion to SGT. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220009884 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1