IN THE CASE OF:
BOARD DATE: 6 November 2008
DOCKET NUMBER: AR20080013943
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 the Army Achievement Medal (AAM) and the Driver and Mechanic Badge with Driver-W be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty). He also requests that his regimental affiliation with the 27th Field Artillery Regiment be added to his records.
2. The applicant states the awards were not added to his DD Form 214 at the time of his discharge.
3. The applicant provides a copy of his DD Form 214; his DA Form 638 (Recommendation for Award), dated 24 April 1997; his certificate for award of the AAM, dated 2 May 1997; a memorandum, dated 22 July 1996; a DA Form 4187 (Personnel Action), dated 5 June 1996; and Permanent Orders Number 58-70, dated 27 February 1996.
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 13 September 1995 for a period of four years. At the completion of basic training and advanced individual training, he was awarded military occupational specialty 13M (Multiple Launch Rocket System Crewmember).
3. Headquarters, U.S. Army Field Artillery Center and Fort Sill, Oklahoma Permanent Orders Number 58-70, dated 27 February 1996, awarded the applicant the Driver and Mechanic Badge with Driver-W for the period of service from 1 January 1996 to 1 January 1997.
4. On an unknown date, the applicant submitted a Personnel Action to request that he be affiliated with the 27th Field Artillery with a home base of Fort Sill, Oklahoma. On 5 June 1996, his company commander recommended approval. On 22 July 1996, the applicant's request for regimental affiliation was approved.
5. Headquarters, 6th Battalion, 27th Field Artillery, Permanent Order Number 124-17, dated 2 May 1997, awarded the applicant the AAM for meritorious achievement from 19 March 1997 to 11 April 1997.
6. The applicant was discharged on 29 April 1998 under the provisions of Army Regulation 635-200, paragraph 14-12c by reason of misconduct. He had completed 2 years, 7 months, and 17 days of active military service.
7. His DD Form 214 shows the National Defense Service Medal, the Army Service Ribbon, the Expert Marksmanship Qualification Badge with Grenade Bar, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar as authorized awards.
8. Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214. It states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.
DISCUSSION AND CONCLUSIONS:
1. Permanent orders show the applicant was awarded the AAM for meritorious achievement from 19 March 1997 to 11 April 1997. Therefore, this award should be added to his DD Form 214.
2. Permanent orders show the applicant was awarded the Driver and Mechanic Badge with Driver-W; therefore, this badge should be added to his DD Form 214.
3. The applicant's request for correction of his DD Form 214 to reflect his Regimental Affiliation with the 5th Cavalry Regiment has been noted. However, there is no regulatory provision in Army Regulation 635-5 to record Regimental Affiliation on the DD Form 214.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___X_____ ___X_____ ___X_____ 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. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the AAM and the Driver and Mechanic Badge with Driver-W to his DD Form 214.
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 adding regimental affiliation with the 27th Field Artillery Regiment be added to his records.
_______XXX _ _______ ___
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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