IN THE CASE OF:  	  

		BOARD DATE:  21 July 2015	  

		DOCKET NUMBER:  AR20140020650 


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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the Army Commendation Medal, two awards of the Army Achievement Medal, and the Army Good Conduct Medal.

2.  The applicant states the awards were omitted from his DD Form 214.

3.  The applicant provides:

* DD Form 214
* DA Form 638 (Recommendation for Award) and Permanent Orders (PO) Number 197-02 (Army Achievement Medal)
* DA Form 638 and PO Number 289-01, Army Commendation Medal
* DA Form 638 and PO Number 026-3, Army Achievement Medal 
* PO Number 005-08 and Certificate for award of the Army Good Conduct Medal

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 applicant enlisted in the Regular Army on 31 December 1997 and he held military occupational specialty 77L (Petroleum Laboratory Specialist).   

3.  He served in the Ryukyu Islands (Japan) from on or about 20 September 1999 to on or about 20 December 2001, a period of 2 years and 3 months of foreign service.  He also completed the Primary Leadership Development Course from 13 February to 14 March 2001.  

4.  He was honorably released from active duty in the rank/grade of sergeant/E-5 on 22 December 2001.  He completed 3 years, 11 months, and 22 days of active service, with no lost time.  His DD Form 214 shows he was awarded or authorized the:

* Army Service Ribbon
* Army Good Conduct Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar 

5.  His records contain and he provides the following DA Form 638s and corresponding certificates: 

	a.  PO Number 197-02, issued by Headquarters, 505th Quartermaster Battalion, on 18 July 2001, awarding him the Army Achievement Medal for achievement from 18 April 2001 to 16 May 2001.

	b.  PO Number 289-01, issued by Headquarters, 10th Area Support Group, awarding him the Army Commendation Medal for service from 20 September 1999 to 31 December 2001. 

	c.  PO Number 026-3, issued by Headquarters, 505th Quartermaster Battalion, on 26 January 2011, awarding him the Army Achievement Medal (1st Oak Leaf Cluster) for achievement from 1 December 2000 to 11 January 2001.

	d.  PO Number 005-08, issued by Headquarters, U.S. Army Japan on 5 January 2001 awarded him the Army Good Conduct Medal (1st Award). 

6.  Army Regulation 600-8-22 (Military Awards) states:

	a.  The National Defense Service Medal is awarded for honorable active service for any period between 27 June 1950 and 27 July 1954, both dates inclusive; between 1 January 1961 and 14 August 1974, both dates inclusive; between 2 August 1990 and 30 November 1995; and from 11 September 2001 to a date to be determined.  

	b.  The Global War on Terrorism Service Medal is authorized for award to members of the Armed Forces of the United States who have participated in Global War on Terrorism operations outside of the areas of eligibility (AOE) designated for award of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or Iraq Campaign Medal.  All Soldiers on active duty, including Reserve Component Soldiers mobilized or National Guard Soldiers activated, on or after 11 September 2001 to a date to be determined having served 30 consecutive days or 60 nonconsecutive days are authorized the Global War on Terrorism Service Medal.  

	c.  The Noncommissioned Officer (NCO) 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. Effective 30 March 1989, a service member will be awarded the NPDR with the numeral which identifies the highest level of NCOES successfully completed as follows: 

* 1 = Bar Ribbon Device = Primary Level
* 2 = Basic Level
* 3 = Advanced Level
* 4 = Senior Level

	d.  The Overseas Service Ribbon is awarded for successful completion of overseas tours as defined by Army Regulation 614-30 (Overseas Service).  

7.  Army Regulation 614-30, Table 3-2 (Award of tour credit and adjustment of date eligible to return from overseas/date of return from overseas (DROS)) states a Soldier will be credited with a completed tour and awarded a new DROS if he serves overseas to his normal expiration of term of service as a first term Soldier and separates or is given an early out through an Army program.


DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the Army Commendation Medal and two awards of the Army Achievement Medal.  None of these awards is shown on his DD Form 214.  Therefore, his DD Form 214 should be corrected to show these awards.  

2.  Though not directly requested by the applicant, there are additional awards that he is entitled too.  The applicant served a qualifying period of service for award of the National Defense Service Medal, the Global War on Terrorism Service Medal.  He also completed an overseas tour and is eligible for award of the Overseas Service Ribbon.  Therefore, his DD Form 214 should be corrected to show these awards.  

3.  The applicant completed the Primary Leadership Development Course from 13 February to 14 March 2001.  Therefore, he is entitled to award of the NCO Professional Development Ribbon and correction of his DD Form 214 to show this award. 

4.  Concerning the award of the Army Good Conduct Medal, the applicant's records and DD Form 214 correctly show he was awarded this medal.  Therefore, no further correction is required.

BOARD VOTE:

____X___  ____X___  ____X___ GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for 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: 

* Army Commendation Medal
* Army Achievement Medal (2nd Award)
* National Defense Service Medal
* Global War on Terrorism Service Medal
* Overseas Service Ribbon
* NCO Professional Development Ribbon



      ______ _   _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)                                         AR20140020650



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140020650



5


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1