IN THE CASE OF:	  

		BOARD DATE:  25 OCTOBER 2012

		DOCKET NUMBER:  AR20120008398 


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 award of the Gold Recruiter Badge with three Sapphire Achievement Stars.

2.  The applicant states the award of the Gold Recruiter Badge with three Sapphire Achievement Stars was not included on his DD Form 214 at the time of his separation.

3.  The applicant provides copies of documents awarding him the Gold Recruiter Badge with three Sapphire Achievement Stars.

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 26 June 1996.  He completed his training as a combat engineer and remained on active duty through a series of continuous reenlistments.

3.  In May 2002, he completed the 6-week Army Recruiter Course and was assigned to the Army Recruiting Battalion in Phoenix, Arizona.  He was promoted to pay grade E-6 on 1 September 2003.

4.  On 2 December 2005, he was awarded the Gold Recruiter Badge with three Sapphire Achievement Stars for the period 13 September to 14 November 2005.

5.  On 16 January 2006, he was honorably discharged due to completion of required service.  He completed 9 years, 6 months, and 21 days of active service.  His DD Form 214 does not reflect his award of the Gold Recruiter Badge with three Sapphire Achievement Stars.

6.  Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214.  It provides that the DD Form 214 will be prepared to reflect information as it exists in the official records at the time of separation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his award of the Gold Recruiter Badge with three Sapphire Achievement Stars should be added to his DD Form 214 has been noted and found to have merit.

2.  It appears that the applicant received the award just prior to his discharge and in all likelihood it did not reach his records in time to be added to his DD Form 214.

3.  Accordingly, his award of the Gold Recruiter Badge with three Sapphire Achievement Stars should be added to his DD Form 214 at this time.

BOARD VOTE:

___X____  ____X __  ____X___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 award of the Gold Recruiter Badge with three Sapphire Achievement Stars to his DD Form 214.

2.  The Board wants the applicant and all others to know the sacrifices he made in service to the United States are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.



      _______ _   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)                                         AR20120008398



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ABCMR Record of Proceedings (cont)                                         AR20120008398



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