IN THE CASE OF:
BOARD DATE: 2 JUNE 2009
DOCKET NUMBER: AR20090002418
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 his DA Form 638 (Recommendation for Award) be corrected to show his first name as "J----" instead of "M-----."
2. The applicant states that he was awarded the Army Achievement Medal for his service in support of Operation Iraqi Freedom. However, the recommending official entered his father's first name instead of his on the DA Form 638 which was prepared in a hurry as his unit was trying to process multiple awards in a limited amount of time.
3. The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 21 December 2005; a copy of his Enlisted Record Brief, dated 1 January 2009; a copy of Orders 04-261-00067, issued by the 89th Regional Readiness Command, Wichita, KS, on 17 September 2004; and a copy of the DA Form 638, dated 26 August 2005, in support of his 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 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 records show he enlisted in the U.S. Army Reserve (USAR) on 14 December 2002. Item 1 (Name-Last, First, Middle) of his DD Form 4 (Enlistment/Reenlistment Document) shows his first name as "J----." He authenticated this form by placing his signature in the appropriate block using his first name as "J----."
3. The applicants records further show he was ordered to active duty in support of Operation Iraqi Freedom on 26 September 2004 and subsequently served in Iraq from 12 December 2004 to 19 December 2005. He was honorably released from active duty to the control of his USAR unit on 21 December 2005. Item 1 (Name-Last, First, Middle) of his DD Form 214 shows his first name as "J----." He authenticated this form using his first name as "J----."
4. On 26 August 2005, the applicants squad leader recommended him for award of the Army Achievement Medal. He listed his first name as "M-----." The award was approved by his battalion commander on the same date. His battalion adjutant assigned Permanent Orders Number 239-30 on 27 August 2005 and placed his signature in the appropriate block.
5. Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, Good Conduct Medal, service medals and ribbons, combat and special skill badges and tabs, unit decorations, and trophies. It states in pertinent part that the DA Form 638 will be used to initiate, process, and approve award recommendations of all U.S. Army individual decorations, to include valor and heroism decorations. The recommender will, to the extent possible, verify data on the DA Form 638 concerning the awardee from official Army personnel documents. Typing the recommendation is not required. Recommendations may be handwritten or hand-printed, but must be clearly legible. Use only black ink for machine readability (copier, fax, or microfiche). For historical purposes, both the DA Form 638 indicating disapproval/downgrading and the certificate for the approved award should be forwarded for filing in the OMPF. Commanders are authorized to correct minor errors (incorrect spelling of names, initials, social security numbers, erroneously numbered oak leaf clusters, and so forth) appearing on awards orders published by other commanders by issuing an amendment to the orders. Amendment of orders will be prepared according to Army Regulation 600-8-105 (Military Orders), paragraph 223. When an error cannot be corrected by an amendment to the orders, it will be returned to the command which issued the erroneous order or, in the event that the command no longer exists, to Commander, U.S. Army Human Resources Command for corrective action. Award orders issued/announced on the DA Form 638 will be amended or revoked using separate permanent orders in accordance with applicable regulations.
DISCUSSION AND CONCLUSIONS:
The applicant was recommended for an award of the Army Achievement Medal. The recommending official erroneously listed an incorrect first name on the DA Form 638. The applicant is therefore entitled to correction of this form to show his correct first name.
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 amending Permanent Orders Number 239-30 of the applicant's DA Form 638, dated 27 August 2005, to reflect his correct first name as J---- vice M-----.
_______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) AR20090002418
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