RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  03 January 2008
	DOCKET NUMBER:  AR20070009914 


	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

Ms. Jeanne Marie Rowan

Analyst

The following members, a quorum, were present:


Ms. Ann M. Campbell

Chairperson

Mr. Dean A. Camarella

Member

Mr. Rodney E. Barber

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 the Bronze Star Medal (BSM), Air Force Commendation Medal (AFCOM) and the Air Medal (AM) be added to his DD Form 214 (Armed Forces of the Untied States Report of Transfer or Discharge) with a retirement date of 30 November 1970.

2.  The applicant states, in effect, that he transferred from the Air Force to the Army.  When he retired from the Army the BSM, AFCOM and AM he was awarded during his tenure in the Air Force were not listed on his retirement DD Form 214.

3.  The applicant provides a copy of his DD Form 214 with a retirement separation date of 30 November 1970 from the Army and a copy of a DD Form 214 issued by the Air Force, which shows he was discharged on 21 November 1961 at the expiration of his term of service (ETS).   He also provides a copy of DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) dated 30 March 2004.

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 applicant’s 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 applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant was retired from the Army on 30 November 1970.  The DD Form 214 he was issued shows he honorably completed 21 years, 6 months, and 13 days of active service.  The applicant served as an aircraft maintenance technician throughout his tenure in the Army.

3.  The DD Form 214 with a separation date of 21 November 1961 shows the applicant honorably completed 6 years of active service during the period 22 November 1955 through 21 November 1961 as a member of the United States Air Force.  This same DD Form 214 shows the applicant completed
6 years, 6 months and 4 days of prior active service and that his total active service was 12 years, 6 months, and 4 days.  A thorough search of the applicant's Army and Air Force military personnel records was conducted and the DD Form 214 for the applicant's first period of active duty service is not available for review by the Board.

4.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaigns Ribbons Awarded or Authorized) of the DD Form 214 with a separation date of 21 November 1961 that the applicant provided with his application shows the entry Bronze Star Medal, Air Force Commendation Medal and Air Medal as additional awards typed onto the document.  The applicant wrote in his own hand that all three awards were awarded in 1952.

5.  The DD Form 214 with the separation date of 21 November 1961 that is filed in the applicant's official military personnel file does not have these three awards listed.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaigns Ribbons Awarded or Authorized) of the DD Form 214 with a retirement date of 30 November 1970 that the applicant provided with his application shows the entry Bronze Star Medal and Air Medal with 3 Oak Leaf Clusters (OLC) as awards authorized by the applicant.  This DD Form 214 does not show award of the AFCOM.  The applicant wrote in his own hand the Bronze Star Medal and the Air Medal 3OLC were awarded in 1968. 

7.  The DD Form 214 with the retirement date of 30 November 1970 that was filed in the applicant's official military personnel file does show award of one BSM and the Air Medal with 3 OLC.  There is no entry for award of the AFCOM.

8.  Item 10 (Awards) of AF Form 7 (Airman Military Record) shows the entry Air Medal, Special Order (SO) 37, Headquarters (HQ) 19th Bomber Wing (BOMWG).  There are no entries for the BSM or for the AFCOM.  

9.  Item 21 (Awards and Decorations) of DA Form 66 (Officer Qualification Record) shows the entry Air Medal SO 37, 19th BOMWG.  There are no entries for the BSM or AFCOM. 

10.  A search of the applicant's available Army and Air Force military personnel records did not reveal copies of these award orders.

11.  Army Regulation 635-5 (Separation Documents) states, in pertinent part, that the source document used to prepare Item 24 of the DD Form 214 is a DA 
Form 66.  Specifically, all decorations, service medals, campaign credits, and badges awarded or authorized should be entered on DD Form 214 with the authority cites omitted.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he was awarded a BSM, AFCOM, and an AM in 1952 during his active duty service with the Air Force and that these three awards are not listed on his retirement DD Form 214 with a separation date of 30 November 1970.

2.  The applicant's retirement DD Form 214 already shows the Bronze Star Medal and the Air Medal with 3 oak leaf clusters.  As such, there is no reason to consider this portion of the applicant's request.

3.  As for his request for the AFCOM, his military records do not contain any evidence that he was ever awarded this decoration.  As such, there is no basis for correcting his retirement DD Form 214 to add this decoration. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__AMC__  __DAC__  __REB   _  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.




___Ann M. Campbell          _
          CHAIRPERSON



INDEX

CASE ID
AR
SUFFIX

RECON

DATE BOARDED
20080103
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.