IN THE CASE OF:
BOARD DATE: 10 September 2009
DOCKET NUMBER: AR20090003430
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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected by adding the Army Achievement Medal, Expert Infantryman Badge (EIB), three Certificates of Achievement, and two letters of appreciation.
2. The applicant states he received the Army Achievement Medal, EIB, three Certificates of Achievement, and two letters of appreciation that should be shown on his DD Form 214.
3. The applicant provides, in support of his case, copies of his DD Form 214, orders for the EIB, certificate for the Good Conduct Medal, certificate for the Army Achievement Medal, three Certificates of Achievement, two Letters of Appreciation and a State of Illinois Department of Veterans' Affairs form.
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 on 14 September 1982, completed training as an Indirect Fire Infantryman in military occupational specialty (MOS) 11C and was assigned to C Company, 4th Battalion, 9th Infantry, 7th Infantry Division at Fort Ord, California.
3. Headquarters, 7th Infantry Division Permanent Orders 212-01, dated
17 November 1983 awarded him the Army Achievement Medal.
4. He was separated from active duty with an honorable characterization of service on 13 September 1985 and transferred to the Army Reserve Control Group (Reinforcement) in pay grade E-3.
5. His DD Form 214, Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), shows his awards as the Army Service Ribbon, the Marksman Marksmanship Qualification Badge with Rifle Bar and the Sharpshooter Marksmanship Qualification Badge with Grenade Bar.
6. The applicant submitted the following pertinent documents:
a. Headquarters, 7th Infantry Division and Fort Ord, California Permanent Orders 104-9, dated 13 June 1985 awarded the applicant the EIB;
b. three Certificates of Achievement recognize, in laudatory language, the battalion commander's appreciation for applicant's achievement and contributions in different situations/time periods; and
c. two Letters of Appreciation which convey the Training and Doctrine Director's appreciation for the applicant's contributions to the validation of lesson plans.
7. Army Regulation 635-5 (Separation Documents) states, in pertinent part, to list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 (Military Awards). The awards regulation, gives the order of precedence for awards and decorations. Only decorations, medals, and ribbons are listed. Certificates of achievement, letters of appreciation, and similar documents are not listed.
DISCUSSION AND CONCLUSIONS:
1. The applicant states the Army Achievement Medal, EIB, three Certificates of Achievement, and two letters of appreciation should be shown on his DD Form 214.
2. Division orders awarded the applicant the Army Achievement Medal and the EIB. They should be shown on his DD Form 214.
3. The applicant may be justifiably proud of the Certificates of Achievement and Letters of Appreciation; but, according to the governing directives, entering them on the DD Form 214 is not appropriate.
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 Army Achievement Medal and the EIB to the list of authorized awards on 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 listing the Certificates of achievement and letters of appreciation on the DD Form 214.
_______ _ 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.
ABCMR Record of Proceedings (cont) AR20090003430
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ABCMR Record of Proceedings (cont) AR20090003430
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