IN THE CASE OF:	  

			BOARD DATE:	  20 MAY 2008

	DOCKET NUMBER:  AR20080005242


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 amendment of his DD Form 214 (Certificate of Release of Discharge from Active Duty) to show award of the Distinguished Service Medal.

2.  The applicant states that the award of the Distinguished Service Medal was omitted from his DD Form 214.  He continues that the award was received after his DD Form 214 was issued.

3.  The applicant provides a copy of orders awarding the Distinguished Service Medal in support of this application.

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 military service records show that he enlisted in the United States Army Reserve on 17 February 1954.  He was appointed as a commissioned officer to the rank of second lieutenant in the medical service corps effective 29 August 1956.  The highest rank he achieved was brigadier general/pay grade O-7.

3.  The applicant’s DD Form 214, dated 31 December 1983, shows that he retired in the grade of brigadier general effective 31 December 1983 with 26 years, 10 months, and 17 days of total active service.

4.  Department of the Army Permanent Orders Number 217-8, dated 19 December 1983, awarded the Distinguished Service Medal to the applicant for meritorious service for the period April 1973 to December 1983.

5.  Copies of the applicant’s Distinguished Service Medal orders and certificates are filed in his Official Military Personnel File.

6.  Department of Defense Instruction Number 1336.1, dated 6 January 1989, provides that a DD Form 214 will be prepared as completely as possible and delivered to the separatee, and that a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) will be issued by the military service concerned when the missing information becomes available.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request that his separation document be amended to show award of the Distinguished Service Medal was carefully considered and determined to have merit.

2.  The applicant’s official military service records show that he was awarded the Distinguished Service Medal.  Therefore, his separation document should be amended to reflect this award.

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 issuing a DD Form 215 showing award of the Distinguished Service Medal.



	________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)                                         AR20080005242





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ABCMR Record of Proceedings (cont)                                         AR20080005242



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