RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 29 March 2007
DOCKET NUMBER: AR20060010731
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. Gerard W. Schwartz
Acting Director
Mr. G. E. Vandenberg
Analyst
The following members, a quorum, were present:
Mr. Lester Echols
Chairperson
Ms. Linda M. Barker
Member
Mr. Michael J. Flynn
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 that his records be corrected to show award of the Army Commendation Medal, the Army Achievement Medal, the United Nations Service Medal, and a "Northern Expeditionary Medal".
2. The applicant states the awards he received while serving with B Battery, 3rd Battalion, 82nd Field Artillery are not on his DD Form 214 (Certificate of Release or Discharge from Active Duty). He needs his records corrected to obtain his proper Veterans preference and assist him obtaining full time employment at the Tobyhanna Army Depot.
3. The applicant provides copies of four Leave and Earnings Statements, two sets of reassignment orders, and his DD Form 214.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error or injustice which occurred on 14 July 2001, the date of his release from active duty. The application submitted in this case is dated 31 May 2005 but was not received until 25 July 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 applicants failure to timely file.
3. The totality of the available i-Perms (Personnel Electronic Records Management System) consists of his enlistment documents, his DD Form 214, and an award certificate for the Army Achievement Medal.
4. The available records show the applicant entered active duty on 15 July 1998, completed training, and was awarded the military occupational specialty (MOS) 13E (Cannon Fire Direction Specialist).
5. The applicant was awarded the Army Achievement Medal for meritorious service with Bravo Battery, 3rd Battalion, 82nd Field Artillery on 5 December 2000.
6. The applicant was honorably separated from active duty, in the rank and pay grade of specialist E-4, on 14 July 2001 with 3 years of creditable service. His DD Form 214 lists his awards and decorations as the Army Lapel Button and the Army Service Ribbon.
DISCUSSION AND CONCLUSIONS:
1. The applicant was awarded the Army Achievement Medal on 5 December 2000. It is appropriate to correct his records to reflect this award.
2. Based on the available records, there is insufficient documentation to determine if the applicant was awarded, authorized, or is entitled to award of any additional awards or decorations.
3. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
4. Records show the applicant should have discovered the alleged error or injustice now under consideration on 14 July 2001; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 13 July 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:
________ ________ ________ GRANT FULL RELIEF
__LE __ __LMB __ __MJF__ 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 show the applicant was awarded the Army Achievement Medal on 5 December 2000.
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 award of any additional awards or decorations.
__ Lester Echols___________
CHAIRPERSON
INDEX
CASE ID
AR20060010731
SUFFIX
RECON
DATE BOARDED
20070329
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
Grant
REVIEW AUTHORITY
ISSUES 1.
107
2.
3.
4.
5.
6.
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