IN THE CASE OF:
BOARD DATE: 7 April 2009
DOCKET NUMBER: AR20080015258
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, in effect, that his DD Form 214 (Certificate of Release or Discharge From Active Duty) for the period ending 31 January 1991 be corrected by showing award of the Army Achievement Medal (AAM) with Fourth Oak Leaf Cluster (Fourth OLC), Army Commendation Medal (ARCOM) with Sixth Oak Leaf Cluster (Sixth OLC), and the Meritorious Service Medal (MSM).
2. The applicant states, in effect, that his DD Form 214 shows he was awarded the AAM (Third OLC), and the ARCOM (Fifth OLC). He also states that he earned these awards and believes they should be reflected on his DD Form 214.
3. The applicant provides excerpts from his military records.
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's military records show that he immediately reenlisted on 31 October 1977 with 8 years, 4 months, and 7 days prior active service.
3. He was promoted to pay grade E-7 and honorably released from active duty, on 31 January 1991, for length of service and placed on the Retired List the following day. The DD Form 214 he was issued upon retirement shows, in part, he was awarded the ARCOM (Fifth OLC) and the AAM (Third OLC). It does not show the MSM.
4. The applicant's military records contain Permanent Orders 54-82, dated 30 July 1985, awarding him the AAM; Permanent Orders 73-1, dated 18 September 1989, awarding him the AAM (Third OLC); Permanent Orders
77-1, dated 6 October 1989, amending Permanent Orders 73-1 to show (Second OLC); and Permanent Orders 43-1, dated 7 May 1990, awarding the applicant the AAM (Second OLC).
5. The applicant's military records contain Permanent Orders 42-114, dated 15 February 1980, awarding him the ARCOM; Permanent Orders 81-573, dated 15 December (year unreadable), awarding him the ARCOM (First OLC); Permanent Orders 182-1, dated 23 December 1981, awarding him the ARCOM (Second OLC); Permanent Orders 217-20, dated 17 September 1982, awarding him the ARCOM (Third OLC); Permanent Orders 77-1, dated 16 August 1983, awarding him the ARCOM (Fourth OLC); Permanent Orders 65-40, dated 8 June 1984, awarding him the ARCOM; and Permanent Orders 9-57, dated 19 January 1988, awarding him the ARCOM (Sixth OLC).
6. The applicant's military records contain Permanent Orders 109-2, dated 17 December 1990, which awarded him the MSM.
7. Army Regulation 600-8-104 (Military Personnel Information Management/Records) prescribes the policies governing the OMPF, the MPRJ, the Career Management Individual File, and Army Personnel Qualification Records. In pertinent part, this regulation states that for U.S. military decorations
the only acceptable source documentation is the order, letter, or memorandum which awards the decoration. Award certificates, citations, or separation certificates alone will not be the basis for entry of a decoration.
DISCUSSION AND CONCLUSIONS:
1. The orders contained in the applicant's military records show that he was awarded three AAMs, seven ARCOMs, and one MSM.
2. The AAM certificates submitted by the applicant are not sufficient to verify his entitlement to additional AAMs.
3. As such, his DD Form 214 for the period ending 31 January 1991 should show the AAM (Second OLC); ARCOM (Sixth OLC); and the MSM.
4. Since it is the policy of this Board not to make an applicant worse off than he was when his case was considered, the entry showing the applicant was awarded the AAM (Third OLC) will not be corrected.
5. However, it would be appropriate to correct his DD Form 214 to show that he was awarded the ARCOM (Sixth OLC) and the MSM.
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 the DD Form 214 for the period ending 31 January 1991 of the individual concerned be corrected by:
a. deleting the Army Commendation Medal (Fifth OLC); and
b. adding the Army Commendation Medal (Sixth OLC) and the Meritorious Service Medal.
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 showing award of the AAM
(Fourth OLC).
_______ _ X _______ ___
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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