RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 22 February 2007
DOCKET NUMBER: AR20060008459
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.
Director
Analyst
The following members, a quorum, were present:
Chairperson
Member
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, that all of his awards and decorations be added to his DD Form 214 (Certificate of Release or Discharge From Active Duty).
2. The applicant essentially states that some information on his awards and decorations is missing on his DD Form 214.
3. The applicant provides his DD Form 214 in support of this application.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error which occurred on
23 May 1990, the date of his discharge from the Regular Army. The application submitted in this case is dated 24 May 2006.
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 limitations 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 applicantÂ’s failure to timely file.
3. Item 13 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicantÂ’s DD Form 214 shows that he was awarded the Army Service Ribbon, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar. However, he was also awarded the Army Achievement Medal by 55th Support Battalion Orders Number 10-3, dated
16 February 1990. He was also awarded the Army Achievement Medal with First Oak Leaf Cluster by 55th Support Battalion Orders Number 26-23, dated 5 April 1990.
4. The applicant served 1 year, 1 month, and 26 days in Germany; however, this was not a sufficient length for receiving credit for a normal overseas tour in Germany.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that all of his awards and decorations should be added to his DD Form 214.
2. Orders awarded the applicant two awards of the Army Achievement Medal which are not shown on his DD Form 214; therefore, he is entitled to correction of his military records to show the award of the Army Achievement Medal with First Oak Leaf Cluster.
3. Although the applicant did not request the Overseas Service Ribbon, a review was conducted to determine if he was credited with completing a normal overseas tour in Germany. As it was determined that he did not complete a normal overseas tour in Germany, he is not entitled to award of the Overseas Service Ribbon.
4. Records show the applicant should have discovered the alleged error now under consideration on 23 May 1990; as a result, the time for the applicant to file a request for correction of any error or injustice expired on 22 May 1993. Although the applicant did not file within the ABCMR's statute of limitations, it is appropriate to waive failure to timely file based on the relief being granted in this case.
BOARD VOTE:
__MM___ __JM ___ __QS ___ 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 showing the award of the Army Achievement Medal with First Oak Leaf Cluster.
_____ Mark Manning________
CHAIRPERSON
INDEX
CASE ID
AR20060008459
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
20070222
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .
DISCHARGE REASON
BOARD DECISION
GRANT
REVIEW AUTHORITY
AR 15-185
ISSUES 1.
110.0000.0000 (add missing awards)
2.
3.
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5.
6.
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