BOARD DATE: 6 November 2014
DOCKET NUMBER: AR20140006088
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests, in effect, correction of his DD Form 214 to show the Army Good Conduct Medal (AGCM), Army Commendation Medal (ARCOM), and any other medals he may be authorized.
2. He states the AGCM and ARCOM were omitted from his DD Form 214.
3. He provides no documentary evidence in support of his request.
CONSIDERATION OF EVIDENCE:
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. 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, 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. The DD Form 214 in the applicant's record shows he was awarded the AGCM (2nd Award). It appears that there is no correction to be made with regard to the AGCM. Therefore, this portion of his request will not be discussed further in these Proceedings.
3. On 14 March 1975, the applicant enlisted in the Regular Army.
4. His record shows he completed a 36-month tour of duty in Germany during the period 26 July 1975 to 22 July 1978.
5. On 2 September 1977, he completed the Primary Noncommissioned Officers Course at the 8th Infantry Division Noncommissioned Officers Academy.
6. On 13 September 1978, he was discharged to immediately reenlist, which he did the following day. He would have been issued a DD Form 214 for this period of service; however, this document is not available in the applicant's records.
7. On 13 September 1981, he was honorably discharged after completing 6 years and 6 months of creditable active duty service.
8. His record is void of documentation showing he was awarded the ARCOM.
9. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. It 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. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.
b. Effective 1 August 1981, the Noncommissioned Officer Professional Development Ribbon (NPDR) is awarded to all active Army, Army National Guard and Army Reserve Soldiers in an active status for satisfactory completion of a Noncommissioned Officers Education System (NCOES) course. The ribbon itself denotes completion of the primary level, and numerals denote completion of higher-level NCOES courses. Award of the basic ribbon requires completion of one of the following: Primary NCO Course, Combat Arms (PNCOC); Primary Leadership Course (PLC); Primary Technical Courses (Service SchoolPTC); or the Warrior Leader Course (WLC) (formally called Primary Leadership Development Course (PLDC)).
c. The Overseas Service Ribbon (OSR) 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 OSR 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.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record does not show that the applicant was awarded the ARCOM. In the absence of orders awarding him the ARCOM or documentary evidence confirming that such orders were published, there is no basis for correcting his DD Form 214 to show this award.
2. Based on his completion of an overseas tour in Germany, he is authorized the OSR. It would be appropriate to correct his DD Form 214 to show this award.
3. Based on his completion of the Primary NCO Course, it would be appropriate to correct his DD Form 214 to show the NPDR.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___X_____ ___X_____ __X__ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was 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 adding to his DD Form 214 the NPDR and OSR.
2. The Board further determined that the evidence presented was 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 the ARCOM.
_________X_____________
CHAIRPERSON
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.
ABCMR Record of Proceedings (cont) AR20140006088
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ABCMR Record of Proceedings (cont) AR20140006088
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