RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 28 July 2005
DOCKET NUMBER: AR20040010479
I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.
| |Mr. Carl W. S. Chun | |Director |
| |Ms. Wanda L. Waller. | |Analyst |
The following members, a quorum, were present:
| |Mr. William Powers | |Chairperson |
| |Mr. Larry Bergquist | |Member |
| |Mr. James Gunlicks | |Member |
The Board considered the following evidence:
Exhibit A - Application for correction of military records.
Exhibit B - Military Personnel Records (including advisory opinion,
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) for the period ending 30 November
1986 to show his retirement orders and the Meritorious Service Medal.
2. The applicant states that his retirement DD Form 214 does not show the
Meritorious Service Medal.
3. The applicant provides a letter, dated 12 November 2004, from the
National Personnel Records Center, St. Louis, Missouri; orders for the
Meritorious Service Medal; a copy of his DD Form 214 for the period ending
30 November 1986; retirement orders; and a certificate of retirement.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of alleged errors which occurred
on
30 November 1986. The application submitted in this case is dated
17 November 2004.
2. 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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitation if the ABCMR determines that it
would be in the interest of justice to do so. In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.
3. The applicant enlisted on 8 November 1966 and remained on active duty
through continuous reenlistments until he retired in the rank of staff
sergeant on 30 November 1986.
4. The applicant’s DD Form 214 for the period ending 30 November 1986 does
not show his retirement orders or the Meritorious Service Medal as an
authorized award.
5. Headquarters, U.S. Army Training Center Engineer and Fort Leonard Wood
Permanent Orders 178-1, dated 3 November 1986, show the applicant received
the Meritorious Service Medal for the period 5 September 1985 to 30
November 1986.
6. Army Regulation 635-5 prescribes the separation documents prepared for
Soldiers upon retirement, discharge, or release from active military
service or control of the Army. It establishes standardized policy for the
preparation of the DD Form 214. There is no provision to show retirement
orders on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. Since there is no provision to show retirement orders on the DD Form
214, there is no basis for granting the applicant’s request to show his
retirement orders on his DD Form 214.
2. Orders show the applicant received the Meritorious Service Medal.
BOARD VOTE:
________ ________ ________ GRANT RELIEF
WP_____ LB_____ JG______ 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 and to excuse failure to timely
file. 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 for the period ending
30 November 1986 to show the Meritorious 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
amending his DD Form 214 for the period ending 30 November 1986 to show his
retirement orders.
_William Powers_______
CHAIRPERSON
INDEX
|CASE ID |AR20040010479 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20050728 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |GRANT |
|REVIEW AUTHORITY | |
|ISSUES 1. |100.0000 |
|2. |107.0017 |
|3. | |
|4. | |
|5. | |
|6. | |
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