RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 7 June 2007
DOCKET NUMBER: AR20060016268
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 |
| |Ms. Loretta D. Gulley | |Analyst |
The following members, a quorum, were present:
| |Ms. Carmen Duncan | |Chairperson |
| |Mr. Michael J. Flynn | |Member |
| |Mr. Jeffrey C. Redmann | |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 his DD Form 214 (Certificate of
Release or Discharge From Active Duty) be corrected to show award of the
Defense Superior Service Medal (DSSM).
2. The applicant states, in effect, that the DSSM was not received prior
to his retirement and therefore, not included on his DD Form 214.
3. The applicant provided a copy of his DD Form 214 and a copy of the
orders for his DSSM.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error which
occurred on
31 January 1996, the date of his separation from active duty. The
application submitted in this case is dated 8 November 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 applicant’s failure to timely file.
3. The applicant's record shows that was commissioned in the Regular Army
on
1 January 1972. He completed basic combat training and advanced individual
training and was awarded area of concentration (AOC) 35D (Tactical
Intelligence). The highest rank he attained while serving on active duty
was Lieutenant Colonel (O-5).
4. On 31 January 1996, the applicant retired from the Active Army after
honorably serving for a total of 24 years. The DD Form 214 (Armed Forces
of the United States Report Of Transfer Or Discharge) he was issued shows
that he earned the Overseas Service Bars (2nd award), the Retirement Lapel
Button, the Legion of Merit, the Bronze Star Medal with Combat
Distinguished Device “V”, the Bronze Star Medal (2nd award), the Purple
Heart (2nd award), the Defense Meritorious Service Medal, the Meritorious
Service Medal (3rd award), the Vietnam Civil Actions Medal First Class, the
Army Achievement Medal, the Joint Meritorious Unit Award, the Vietnam
Campaign Medal, the Valorous Unit Award,
the Army Superior Unit Award, the Army Good Conduct Medal, the National
Defense Service Medal (2nd award), the Noncommissioned Officer’s
Professional Development Ribbon, the Army Service Medal, the Overseas
Service Ribbon (3rd Award), the Armed Forces Expeditionary Medal, the
Noncommissioned Officer’s Professional Development Ribbon, the Army Service
Ribbon, the Overseas Service Ribbon (3rd award), the Republic of Vietnam
Gallantry Cross with Palm Unit Citation, and the Combat Infantryman Badge.
5. Military Personnel Awards Memorandum 96-058, Office of the Secretary of
Defense, Subject: Announcement of Department of Defense Awards, dated
25 March 1996, shows that the applicant was awarded the DSSM for the period
June 1993 to October 1995.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that he is entitled to award of the DSSM.
2. Military Personnel Awards Memorandum Number 96-058, dated 1996, shows
the applicant was awarded the DSSM which is not shown on his separation
document. Therefore, he is entitled to correction of his records to show
this award.
3. Records show the applicant should have discovered the alleged error or
injustice now under consideration on 31 January 1996; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
30 January 1999. 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.
BOARD VOTE:
___CD __ ___MJF__ ___JCR_ 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 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 showing award of the DSSM.
___ _Carmen Duncan_____
CHAIRPERSON
INDEX
|CASE ID |AR20060016268 |
|SUFFIX | |
|RECON |YYYYMMDD |
|DATE BOARDED |2007/06/07 |
|TYPE OF DISCHARGE |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
|DATE OF DISCHARGE |YYYYMMDD |
|DISCHARGE AUTHORITY |AR . . . . . |
|DISCHARGE REASON | |
|BOARD DECISION |DENY |
|REVIEW AUTHORITY |MR. SCHWARTZ |
|ISSUES 1. | |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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