IN THE CASE OF:
BOARD DATE: 18 September 2008
DOCKET NUMBER: AR20080004867
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests that all of his awards and medals awarded to him be restored and added on his DD Form 214 (Certificate of Release or Discharge from Active Duty) with the period ending 31 August 1993.
2. The applicant states, in effect, that he won his court-martial case with the Army and that he was promised his awards would be given to him. The applicant further states that his Department of Veterans Affairs (VA) benefits are affected by this.
3. The applicant provides a VA Rating Decision, dated 3 January 2008.
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. The applicant enlisted in the Regular Army on 1 August 1973 and successfully completed basic combat and advanced individual training. He was awarded military occupational specialty 13B (Cannoneer).
3. The applicant retired on 31 August 1993. Item 13 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the his DD Form 214 with the period ending 31 August 1993 shows he was awarded the Meritorious Service Medal with 1st Oak Leaf Cluster, Army Commendation Medal with Silver Oak Leaf Cluster, Army Achievement Medal with 2nd Oak Leaf Cluster, Army Good Conduct Medal (6th Award), National Defense Service Medal (2nd Award), Noncommissioned Officer Professional Development Ribbon with Numeral 3, Army Service Ribbon, Overseas Service Ribbon with Numeral 4, Southwest Asia Service Medal with three bronze service stars, and the Expert Marksmanship Qualification Badge with Rifle Bar (M-16). He authenticated the DD Form 214 with his signature
4. The applicant military records do not contain orders revoking or amending any awards or decorations he was awarded prior to his retirement from active military service.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that all of his awards and medals awarded to him should be restored and added on his DD Form 214. His military records where carefully reviewed and appear to be accurate with no discrepancies concerning the awards and decorations annotated on his DD Form 214 with the period ending 31 August 1993 nor are there any revocations of order for awards in his records.
2. The applicant further contends that he was promised his awards and medals would be given to him. However, the Board is unable to determine exactly what awards and medals he is referring to. The applicant was not specific to which awards and medals he was promised outside of what is already annotated on his DD Form 214, which was authenticated in his own hand with his signature at the time of his retirement from the Service. Therefore, the entries in item 13 of the applicant's DD Form 214 is correct.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____xx__ ___xx___ __xx____ 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.
__________xxxx________
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
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