IN THE CASE OF:
BOARD DATE: 21 JULY 2009
DOCKET NUMBER: AR20090002223
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 the Army Commendation Medal (ARCOM), Army Achievement Medal (AAM), Combat Infantryman Badge (CIB) and Expert Infantryman Badge (EIB) be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states, in effect, that upon clearing, he did not bring his certificates to submit for the preparation of his DD Form 214.
3. The applicant provides no additional documentary evidence in support of his application.
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 record shows that he enlisted in the Regular Army and entered active duty, on 20 June 2002, and that he was trained in and awarded military occupational specialty (MOS) 11B (Infantryman) and the Skill Qualification Identifier of P (Parachutist).
3. The Official Military Personnel File (OMPF) is void of any orders or certificates showing the applicant was ever recommended for or awarded the ARCOM, AAM, CIB and/or EIB.
4. On 19 June 2005, the applicant was honorably released from active duty (REFRAD), in the rank of sergeant, after completing 3 years of active military service. The DD Form 214 he was issued at the time shows he completed no overseas service in item 12f (foreign service) and item 18 documents no overseas deployments with his unit. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows that during his active duty tenure, he earned the National Defense Service Medal, Global War on Terrorism Service Medal, Army Service Ribbon, and Parachutist Badge.
5. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It also establishes standardized policy for preparing and distributing the DD Form 214. Chapter 2 contains preparation instructions for the DD Form 214 and states, in pertinent part, that the source records and documents used for preparation of the DD Form 214 include the Enlisted Records Brief and any other document authorized for filing in the OMPF. The instructions for item 13 state, in pertinent part, to list awards and decorations for all periods of service and to verify each entry by the Soldier's records.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that the ARCOM, AAM, CIB and EIB should be added to his DD Form 214 was carefully considered. However, there is insufficient evidence to support this claim.
2. By regulation, all awards entered on the DD Form 214 must be verified by the Soldier's records. In this case, the applicant's OMPF is void of any orders, certificates, or other documents that indicate he was ever recommended for or awarded any of the awards in question by proper authority while serving on active duty, and his record documents no overseas and/or combat service. In addition, the applicant has failed to provide any documentary evidence to support his claim that he earned these awards. As a result, absent any evidence of record or independent evidence from the applicant to support his claim, there is an insufficient evidentiary basis to support granting the requested relief.
3. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X_____ ____X____ ____X____ 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.
_______ _ _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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