IN THE CASE OF:	 

		BOARD DATE:	       30 APRIL 2009

		DOCKET NUMBER:  AR20090001613 


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, correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Army Good Conduct Medal (1st Award), the Army Achievement Medal (1st Oak Leaf Cluster), the Driver Badge, and the Humanitarian Service Medal and completion of the Drivers Academy Course.

2.  The applicant states that her DD Form 214 does not list the requested awards and military education.

3.  The applicant provides a copy of her DD Form 214, dated 6 March 1999; a copy of DA Form 638 (Recommendation for Award) and certificate, dated 8 January 1999, showing award of the Army Achievement Medal (1st Oak Leaf Cluster); a copy of a certificate, dated 3 October 1997, showing award of the Army Good Conduct Medal; a copy of Permanent Orders 2-47, issued by 264th Corps Support Battalion, Fort Bragg, NC, awarding her the Driver Badge; copies of several memorandums, dated on various dates, showing award of the Humanitarian Service Medal; and a copy of a certificate of training, dated 22 September 1995, showing completion of the Drivers Academy Course in support of her request.

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’s records show she enlisted in the Regular Army for a period of 3 years on 4 October 1994.  She completed basic combat and advanced individual training and was awarded military occupational specialty 92Y (Supply Specialist).  She also executed a 3-year reenlistment in the Regular Army on 24 August 1997.  She was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement) in the rank/grade of specialist (SPC)/E-4 on 6 March 1999.

3.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 shows she was awarded the National Defense Service Medal, the Army Service Ribbon, and the Expert Marksmanship Qualification Badge with Rifle Bar.  Item 13 does not show award of the Good Conduct Medal (1st Award), the Army Achievement Medal (1st Oak Leaf Cluster), the Driver Badge, and/or the Humanitarian Service Medal.

4.  Item 14 (Military Education) shows she completed the 8-week Unit Supply Specialist Course in February 1995.  Item 14 does not show she completed the Drivers Academy Course.

5.  Bravo Detachment, 18th Personnel Service Battalion, Fort Bragg, NC, Permanent Orders 127-20, dated 7 May 1998, show the applicant was awarded the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity in active Federal military service for the period 4 October 1994 through 3 October 1997.

6.  Headquarters, 296th Forward Support Battalion, Fort Lewis, WA, Permanent Order Number 008-001, dated 8 January 1999, shows the applicant was awarded the Army Achievement Medal (1st Oak Leaf Cluster) for outstanding meritorious service.

7.  Headquarters, 264th Corps Support Battalion, Fort Bragg, NC, Permanent Orders 2-47, dated 19 April 1996, show the applicant was awarded the Driver Badge for attainment of a high degree of skill in the operation of motor vehicles.
8.  Headquarters, XVIII Airborne Corps and Fort Bragg, Fort Bragg, NC, first endorsement, dated 7 August 1997, awarded recommended Soldiers in the 1st Corps Support Command, 503rd Maintenance Company, 46th Corps Support Group (Airborne), the Humanitarian Service Medal for participation in post and community clean-up during the period 5 September 1996 through 9 September 1996.

9.  A Certificate of Training shows the applicant completed the 7th Transportation Battalion 80-hour Drivers Academy Training during the period 11 September 1995 through 22 September 1995 at Fort Bragg, NC.

DISCUSSION AND CONCLUSIONS:

1.  Permanent orders awarded the applicant the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity while serving in the U.S. Army from 4 October 1994 through 3 October 1997 which is not shown on her DD Form 214; therefore, she is entitled to correction of her DD Form 214 to show this award.

2.  Permanent orders awarded the applicant the Army Achievement Medal (1st Oak Leaf Cluster) which is not shown on her DD Form 214; therefore, she is entitled to correction of her DD Form 214 to show this award.

3.  Permanent orders awarded the applicant the Driver Badge for attainment of a high degree of skill in the operation of motor vehicles which is not shown on her DD Form 214; therefore, she is entitled to correction of her DD Form 214 to show this badge.

4.  XVIII Airborne Corps endorsement, dated 7 August 1997, shows the applicant’s unit of assignment was awarded the Humanitarian Service Medal for participation in post and community clean-up during the period 5 September 1996 through 9 September 1996 which is not shown on her DD Form 214; therefore, she is entitled to correction of her DD Form 214 to show this award.

5.  A Certificate of Training shows the applicant completed the 7th Transportation Battalion 80-hour Drivers Academy Training during the period 11 September 1995 through 22 September 1995 at Fort Bragg, NC, which is not shown on her DD Form 214; therefore, she is entitled to correction of her DD Form 214 to show this military training course.


BOARD VOTE:

___X_____  ___X_____  ____X____  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 by:

	a.  adding award of the Army Good Conduct Medal (1st Award), the Army Achievement Medal (1st Oak Leaf Cluster), the Driver Badge, and the Humanitarian Service Medal, to item 13 of the applicant’s DD Form 214 and

	b.  adding completion of the 2-week Drivers Academy Course in September 1995 to item 14 of the applicant’s DD Form 214.



      _________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.

ABCMR Record of Proceedings (cont)                                         AR20090001613



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ABCMR Record of Proceedings (cont)                                         AR20090001613



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