RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 17 November 2005
DOCKET NUMBER: AR20050005751
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. Lester Echols | |Chairperson |
| |Mr. John Denning | |Member |
| |Ms. Jeanette McCants | |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, in effect, correction of his DD Form 214
(Certificate of Release or Discharge from Active Duty) to show two awards
of the Army Achievement Medal, the Armed Forces Expeditionary Medal, the
North Atlantic Treaty Organization (NATO) Medal, and the “Expert” Driver
Badge.
2. The applicant states his DD Form 214 lacks this information and he is
trying to get veterans preference points.
3. The applicant’s application indicates he provided “orders” with his
application; however, there were no orders available.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of alleged errors which occurred
on
19 June 2001. The application submitted in this case is dated 23 March
2005.
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 20 June 1997, served as a Bradley linebacker
crewmember, and was released from active duty on 19 June 2001.
4. The applicant’s DD Form 214 does not show any award of the Army
Achievement Medal, the Armed Forces Expeditionary Medal, the NATO Medal, or
the Driver Badge.
5. Headquarters, 4th Battalion, 5th Air Defense Artillery, 1st Cavalry
Division Permanent Order Number 137-06, dated 17 May 2001, shows the
applicant received the Army Achievement Medal.
6. The applicant requested correction of his records to show a second
award of the Army Achievement Medal. There are no orders or other evidence
authorizing a second award of the Army Achievement Medal to the applicant.
In the absence of a proper award authority for this decoration, the
applicant may request a
second award of the Army Achievement Medal under the provisions of Section
1130 of Title 10, United States Code. The applicant has been notified by
separate correspondence of the procedures for applying for this decoration
under Section 1130 and, as a result, it will not be discussed further in
this Record of Proceedings.
7. There are no orders for the Driver Badge in the available records.
However, Section E of the applicant’s Enlisted Record Brief shows he was
awarded the Armed Forces Expeditionary Medal, the NATO Medal, and the
Driver and Mechanic Badge.
DISCUSSION AND CONCLUSIONS:
1. Orders show the applicant received the Army Achievement Medal.
2. The entries shown in Section E of the applicant’s Enlisted Record Brief
which show he was awarded the Armed Forces Expeditionary Medal, the NATO
Medal, and the Driver and Mechanic Badge are accepted as sufficient
evidence on which to amend his DD Form 214 to show these awards.
3. Records show the applicant should have discovered the alleged errors
now under consideration on 19 June 2001; therefore, the time for the
applicant to file a request for correction of any error expired on 18 June
2004. The applicant did not file within the 3-year statute of limitations;
however, based on the available evidence it would be in the interest of
justice to excuse failure to timely file in this case.
BOARD VOTE:
LE_____ JD______ JM______ GRANT 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 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 to show that he was
awarded the Army Achievement Medal, the Armed Forces Expeditionary Medal,
the NATO Medal, and the Driver and Mechanic Badge.
__Lester Echols_________
CHAIRPERSON
INDEX
|CASE ID |AR20050005751 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20051117 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |GRANT |
|REVIEW AUTHORITY | |
|ISSUES 1. |107.0000 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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