IN THE CASE OF:  	  

		BOARD DATE:  24 September 2015	  

		DOCKET NUMBER:  AR20150002034 


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:  

* two awards of the Army Commendation Medal
* "Distinguished Soldier Medal" (i.e., Certificate of Achievement) and ribbon
* Overseas Service Ribbon

2.  The applicant states he has the awards but they were never added to his 
DD Form 214. 

3.  The applicant provides:

* Certificate of Achievement
* Permanent Orders (PO) 101-3 and certificate for the Army Commendation Medal
* A second certificate showing award of the Army Commendation Medal
* Individual Soldier's Report
* Back page of an Enlisted Evaluation Report
* DD Form 214

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 records show he enlisted in the Regular Army on 1 September 1977 and he held military occupational specialty 13B (Cannon Crewman). 

3.  He served in Turkey from on or about 1 May 1979 to 30 April 1980 and he was credited with an overseas service tour. 

4.  He was honorably released from active duty on 31 August 1981 and he was transferred to the U.S. Army Reserve Control Group to complete his remaining service obligations.  

5.  His DD Form 214 shows he completed 4 years of active service and he was awarded or authorized the Army Good Conduct Medal and Expert Marksmanship Qualification Badge with Rifle Bar (M-16). 

6.  His records contain PO 40-1, albeit illegible and hard to read, that show he was awarded the Army Commendation Medal for meritorious service from 1 May 1979 to 30 April 1980.  Additionally, he provides: 

	a.  A certificate signed by a major general, awarding him the Army Commendation Medal for service from 1 May 1979 to 30 April 1980.  The issuing headquarters is unknown and the order number is not listed. 

	b.  A certificate of achievement dated 1 October 1980, recognizing him as a Distinguished Soldier of the 9th Infantry Division, Fort Lewis, WA from 1 August to 13 August 1980. 

	c.  PO 101-3, issued by Headquarters, 9th Infantry Division, on 27 May 1981, awarded him the Army Commendation Medal for service from 13 June 1980 to 31 August 1981.  He also provides the resultant certificate.

	d.  Individual Soldier's Report, dated 8 January 1980 showing his skill level test results. 

	e.  The back page of an Enlisted Evaluation Report, signed in March 1981. 
7.  Army Regulation 600-8-22 (Military Awards) states the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  Effective 1 August 1981, all members of the Army are eligible for the award for successful completion of overseas tours.  The award 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.  

8.  Army Regulation 600-8-22 also provides for the issuance of certificates of achievement.  It states that commanders may recognize periods of faithful service, acts, or achievements which do not meet the standards required for decorations by issuing a DA Form 2442 (Certificate of Achievement) or a certificate of achievement or commendation of local design.  Certificates of achievement or commendation will be issued under such regulations as the local commander may prescribe.  If a locally-designed certificate of achievement or commendation is printed for use according to this regulation, it may bear reproductions of insignia.  The citation on such certificates will not be worded so that the act of service performed appears to warrant the award of a decoration.  No distinguishing device is authorized for wear to indicate the receipt of a certificate of achievement or commendation.  Copies of certificates of achievement or commendation or memoranda of record stating that a certificate of achievement or commendation has been awarded and citing the service recognized will be distributed to the official military personnel file.

DISCUSSION AND CONCLUSIONS:

1.  PO awarded the applicant two awards of the Army Commendation Medal, neither of which is listed on his DD Form 214. 

2.  The Overseas Service Ribbon was established on 10 April 1981.  The award may be awarded retroactively to those personnel who were credited with completion of a normal overseas tour before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.  The applicant was credited with an overseas tour before 1 August 1981 and he was on active duty (in an active status) after 1 August 1981.  Therefore, he meets the criteria for award of the Overseas Service Ribbon and he should have his DD Form 214 corrected to show it. 

3.  With respect to the Distinguished Service Ribbon, this is not an award recognized by Army Regulation 600-8-22.  It is a certificate recognizing his distinguished achievement.  Commanders may recognize acts, achievements, or periods of faithful service or special acts which do not meet the standards required for decorations by issuing a DA Form 2442 or a certificate of achievement or commendation of local design.  Although copies of certificate of achievement or commendation will be filed in the official military personnel file, there is no distinguishing device authorized for wear to indicate the receipt of a certificate of achievement or commendation and there is no provision to list such certificates on the DD Form 214.

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 Army Commendation Medal (2nd Award) and the Overseas Service Ribbon.  

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 adding the Certificate of Achievement to his DD Form 214.  



      __________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)                                         AR20150002034



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ABCMR Record of Proceedings (cont)                                         AR20150002034



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