RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 28 August 2007
DOCKET NUMBER: AR20070003933
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.
Ms. Catherine C. Mitrano
Director
Mr. Michael J. Fowler
Analyst
The following members, a quorum, were present:
Mr. Paul M. Smith
Chairperson
Mr. Rodney E. Barber
Member
Mr. Rowland C. Heflin
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 active duty entry date be changed. He further requests that the Army Commendation Medal 2nd Award be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty) with the ending period 18 March 2001.
2. The applicant states, in effect, that his DD Form 214 shows the incorrect date he entered active duty and it does not show award of the Army Commendation Medal (2nd Award).
3. The applicant provides his DD Form 214; a DD Form 4/1, 4/2, and 4/3 (Enlistment/Reenlistment Document - Armed Forces of the United States); Headquarters, 1st Personnel Command Permanent Order Number 059-07, dated 28 February 2001; a United States Army Honorable Discharge Certificate, dated 22 June 2004; and two United States Army Training Certificates.
CONSIDERATION OF EVIDENCE:
1. 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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. A DD Form 4/1 (Enlistment or Reenlistment Agreement - Armed Forces of the United States), dated 26 June 1995, shows that the applicant enlisted in the United States Army Reserve (USAR) delayed enlistment program (DEP) with a PEBD of 26 June 1995.
3. A DD Form 4/3, dated 19 June 1996, shows that the applicant was discharged from the USAR and enlisted in the Regular Army on 19 June 1996.
4. On 18 March 2001, the applicant was honorably released from active duty after completing 4 years and 9 months of creditable active service.
5. His DD Form 214 with the period ending 18 March 2001 shows he was awarded the Army Commendation Medal, the Army Good Conduct Medal, the Armed Forces Expeditionary Medal, the Army Service Ribbon, the Army Overseas Service Ribbon, the Meritorious Unit Commendation (2nd Award), and the Kosovo Campaign Medal.
6. Item 12a (Date Entered Active Duty This Period) of his DD Form 214 erroneously shows he entered active duty on 19 September 1996 (it should show 19 June 1996). Item 18 (Remarks) shows his DEP as 26 June 1995 to 19 June 1996.
7. Headquarters, 1st Personnel Command Permanent Order Number 059-07, dated 28 February 2001, shows that the applicant was awarded the Army Commendation Medal (2nd Award) for meritorious service during the period
15 March 1998 through 18 March 2001.
DISCUSSION AND CONCLUSIONS:
1. The applicant's DD Form 214, with the ending period 18 March 2001, erroneously shows he entered active duty on 19 September 1996 (it should show 19 June 1996).
2. Evidence of record shows that the applicant was awarded the Army Commendation Medal (2nd Award). His DD Form 214 should be corrected to show this award.
BOARD VOTE:
__PMS__ __REB __ __RCH__ 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:
a. amending his DD Form 214 to add the award of the Army Commendation Medal (2nd Award);
b. deleting the entry in item 12a "1996" year(s), "09" month(s), and "19" day(s) of his DD Form 214; and
c. amending his DD Form 214 in item 12a to add "1996" year(s), "06" month(s), and "19" day(s).
_____ Paul M. Smith __
CHAIRPERSON
INDEX
CASE ID
AR20070003933
SUFFIX
RECON
DATE BOARDED
28 AUGUST 2007
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
GRANT
REVIEW AUTHORITY
MR. SHATZER
ISSUES 1.
107.0020.0000
2.
100.0200.0000
3.
4.
5.
6.
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