IN THE CASE OF:	  

		BOARD DATE:	        22 January 2009

		DOCKET NUMBER:  AR20080017780 


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 all awards, unit citations, and medals he earned during his military service.

2.  The applicant states that his DD Form 214 is missing the above information.

3.  The applicant did not provide any additional 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 applicant's records show he enlisted in the Regular Army for a period of 3 years on 15 January 2002.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Infantryman).  The highest rank/grade he attained during his military service was private first class (PFC)/E-3.

3.  The applicant's records also show he served in Italy for a period of 2 years, 3 months, and 9 days.  He was assigned to C Company, 1st Battalion, 508th Infantry, 173rd Airborne Brigade.  However, his date of arrival to and departure from this unit are not available.  

4.  The applicant's records further show that, on 24 September 2004, he was issued a general discharge under honorable conditions.  The DD Form 214 he was issued show he completed 2 years, 8 months, and 10 days of active Federal service.

5.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the National Defense Service Medal, the Army Service Ribbon, the Overseas Service Ribbon, the Parachutist Badge, and the Global War on Terrorism Service Medal.

6.  There is no evidence available to show the applicant deployed to an authorized imminent danger pay area during his military service that would have qualified him for combat service awards and campaign stars and/or citations.

7.  Several attempts were made to contact the applicant at the phone number he listed on his application in order to clarify the specific awards he wanted addressed; however, he did not answer and/or return the phone calls.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show all awards, decorations, and unit citations.

2.  A thorough review of the applicant's records was conducted; however, the review did not show that the applicant earned any personal or unit awards, decorations, or citations, which are not shown on his DD Form 214.  In the absence of documentary evidence that shows he was recommended for achievement, commendation, or service awards and in the absence of conclusive evidence that the applicant was assigned to a unit that was cited for a specific award, there is insufficient evidence to grant the applicant relief in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X____  ___X____  ___X____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



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      _______ _   _______   ___
               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)                                         AR20080017780



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ABCMR Record of Proceedings (cont)                                         AR20080017780



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