IN THE CASE OF:	  

		BOARD DATE:	  20 January 2015

		DOCKET NUMBER:  AR20140009947 


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) by:

* upgrading his general discharge to an honorable discharge
* changing the narrative reason for his separation
* correcting all medals and awards to include award the Humanitarian Service Medal and the National Guard Perfect Attendance Ribbon       (2nd Award)  
 
2.  The applicant states:

   a.  He believes he should have received an honorable discharge.  His belief is based upon his exceptional service for the remaining 10 months of his service.  There was one incident that occurred in August 1984; however, his service prior to and after the incident was excellent.

   b.  He believes the narrative reason for his separation does not accurately reflect his service.  He was involved in one incident during his military service.  All other service was exceptional.  In fact, he volunteered to be an Army Ranger and he had plans to stay in the Army for a 20-year career.

   c.  He participated in the California Flood Relief Operation during the period 24 January to 15 July 1983, but he was not awarded the Humanitarian Service Medal.  Additionally, he was awarded the Perfect Drill Attendance (2nd Award) while in the California Army National Guard (CAARNG); however, this also is not reflected on his records.

3.  The applicant provides a copy of a letter from the Chief, Military Awards Branch, dated 22 May 1984. 

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's record contains a DD Form 214 which shows the applicant, while a member of the Army National Guard, entered active duty for training at Fort Leonard Wood, MO for the period 17 June to 27 August 1982.  His record is void of a National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) or any other documentation of his Army National Guard service.  

3.  The applicant enlisted in the Regular Army on 20 July 1983.  He completed training and he was awarded military occupational specialty 11B (Infantryman).  He subsequently served in Company C, 1st Battalion, 17th Infantry Regiment, Korea, for the period 26 October 1983 to 17 October 1984.

4.  His record contains Special Court-Martial Order Number 41, issued by Headquarters, 2nd Infantry Division, dated 28 November 1984, which shows contrary to his plea, he was found guilty by a special court-martial of one specification of assault inflicting grievous bodily harm upon a noncommissioned officer on or about 26 August 1984.  He was sentenced to confinement for six months, forfeiture of $397.00 pay per month for six months, and reduction to the rank/grade of private/E-1.

5.  On 4 March 1985, while assigned to the U.S. Army Correctional Activity, Fort Riley, KS, the applicant was notified of the unit commander's intent to initiate separation action against him for unsatisfactory performance under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), chapter 13.  The commander stated though he performed in a satisfactory manner while enrolled in a closely monitored correctional treatment/vocational training program, his negative attitude toward continued military service reflected little potential for productive advancement or retention.

6.  On 4 March 1985, the applicant consulted with legal counsel and was advised of the basis for the contemplated separation action, the possible effects of a discharge, and the rights available to him.  He further acknowledged he understood he may be ineligible for many or all benefits as a veteran under both Federal and State laws and that he may expect to encounter substantial prejudice in civilian life if a general discharge under honorable conditions were issued to him.  The applicant elected to make a statement in which he indicated he believed he should receive an honorable discharge because the only negative item in his record was his court-martial offense.

7.  On 12 March 1985, the separation authority approved the applicant's release from active duty for unsatisfactory performance and transfer to the Individual Ready Reserve (IRR) under the provisions of Army Regulation 635-200, chapter 13.  His term of service was characterized as under honorable conditions (general).

8.  On 15 March 1985, the applicant was released from active duty.  His DD Form 214 shows he completed 1 year, 7 months, and 7 days of creditable active military service with lost time for the period 18 October 1984 to 14 March 1985.  This form further shows he was awarded the:

* Army Service Ribbon
* Army Achievement Medal
* Overseas Service Ribbon
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Expert Marksmanship Qualification Badge with Hand Grenade Bar

9.  On 16 June 1988, the applicant received a general discharge from the IRR.

10.  There is no evidence that he petitioned the Army Discharge Review Board for an upgrade of his discharge within that board's 15-year statute of limitations.

11.  The applicant provides a letter from the Chief, Military Awards Branch, U.S. Army Military Personnel Center, dated 22 May 1984, which shows the Humanitarian Service Medal was approved by the Deputy Assistant Secretary of Defense to military personnel on an attached listing who directly participated in the California Flood Relief Operation during the period 24 January to 15 July 1983; however, he fails to provide the listing which would corroborate his claim to the Humanitarian Service Medal.

12.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 13 contains the policy and outlines the procedures for separating individuals for unsatisfactory performance and provides that commanders will separate a member under this chapter when, in the commander's judgment, the member will not develop sufficiently to participate satisfactorily in further training and/or become a satisfactory Soldier.  An honorable or general discharge was considered appropriate.

13.  Army Regulation 635-200, paragraph 3-7a, provides that an honorable discharge is a separation with honor and entitles the recipient to benefits provided by law.  The honorable characterization is appropriate when the quality of the member'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.

14.  Army Regulation 600-8-22 (Military Awards) prescribes the Army policy, criteria, and administrative instructions concerning individual military awards.  This regulation authorized awards and decorations and their order of precedence for entry on the DD Form 214.  The National Guard Perfect Attendance Ribbon is a State award and is not governed by this regulation. 

15.  Army Regulation 600-8-22 states the Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who 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.   

DISCUSSION AND CONCLUSIONS:

1.  The available evidence shows his duty performance was tarnished when he was found guilty by a special court-martial of one specification of assault inflicting grievous bodily harm upon a noncommissioned officer on or about 26 August 1984.  Upon completion of his sentence, his chain of command initiated separation action against him in accordance with Army Regulation 635-200, chapter 13, by reason of unsatisfactory performance and directed he be released from active duty with an under honorable conditions (general) characterization of service.  

2.  The evidence further shows his separation processing was accomplished in compliance with applicable regulations and there is no evidence of procedural errors which would have jeopardized his rights.  His subsequent general discharge from the IRR is commensurate with his overall record of military service; therefore, he is not entitled to an upgrade of his discharge or a change in the narrative reason for his separation.

3.  The applicant provides a letter from the Chief, Military Awards Branch, U.S. Army Military Personnel Center, dated 22 May 1984, which shows the Humanitarian Service Medal was approved by the Deputy Assistant Secretary of Defense to military personnel on an attached listing who directly participated in the California Flood Relief Operation during the period 24 January to 15 July 1983; however, he fails to provide the listing which would corroborate his claim to the Humanitarian Service Medal.  In view of the foregoing, there is insufficient evidence to award the applicant the Humanitarian Service Medal. 

4.  The evidence of record shows the applicant completed a period of qualifying service for award of the Korea Defense Service Medal.  Therefore, his DD Form 214 should be corrected to show this award.

5.  With respect to State ribbons, State awards are not governed by, or listed in, Army Regulation 600-8-22.  Therefore, entry of State awards on the applicant's DD Form 214 is not authorized.  By regulation, only awards authorized by Army Regulation 600-8-22 are entered in item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214.  Further, a correction to a separation document to add awards earned subsequent to the period of active duty service covered in the separation document is not authorized.  Given that his State ribbon is not an award recognized by Army Regulation 600-8-22, even had it been received during the active duty period covered by the DD Form 214, it would not be an authorized entry.  Thus, there is no basis to grant the applicant relief on this issue.

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  amending his DD Form 214 to show award of the Korea Defense Service Medal.

2.  The Board further determined that 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 upgrading his discharge, changing the narrative reason for his separation, awarding the Humanitarian Service Medal, and amending his DD Form 214 to show award of the National Guard Perfect Attendance Ribbon (2nd Award).  




      _______ _   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)                                         AR20140009947





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ABCMR Record of Proceedings (cont)                                         AR20140009947



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