BOARD DATE: 25 March 2010
DOCKET NUMBER: AR20090016417
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 correction of his social security number (SSN) on U.S. Army South Permanent Orders 107-3, dated 12 October 1990.
2. The applicant states that the SSN is wrong on the orders that awarded him the Army Achievement Medal for his service with A Company, 193rd Support Battalion in Panama.
3. The applicant provides, in support of his request, copies of the subject orders, the presentation citation for the award, his permanent change of station orders to Panama, a statement in support of his Department of Veterans Affairs claim, a 193rd Support Battalion list of attached personnel authorized the Armed Forces Expeditionary Medal for Operation Just Cause, and orders transferring him from Panama.
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 served in the Regular Army from 22 August 1985 to
14 September 1992 and was released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement) upon the expiration of his term of service.
3. Paragraph 2 of the order at issue awarded him the Army Achievement Medal for the period 31 August 1989 to 23 November 1990. His name and unit are listed correctly; the last six digits of the SSN do not match the applicant's SSN. A copy of the order is entered in his Military Personnel Record Jacket (MPRJ). Someone has written on that copy the notation "(1 OLC)," obviously meaning 1st Oak Leaf Cluster.
4. The applicant's MPRJ contains orders that awarded him the Army Achievement Medal for the periods 17 December 1985 through 13 December 1987 and 17 March 1991 through 31 March 1991.
5. The awards listed in item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty) includes the "Army Achievement Medal 2nd OLC."
DISCUSSION AND CONCLUSIONS:
1. The applicant states that Permanent Orders 107-3, dated 12 October 1990, awarding him the Army Achievement Medal for the period 31 August 1989 to
23 November 1990 contains the wrong SSN.
2. As the hand written notation "1 LOC" on Permanent Orders 107-3 suggests, this would have been his second award of the Army Achievement Medal because the dates fall between the dates of his first and third awards.
3. The subject order should be corrected to show the applicant's correct SSN. It should also be corrected to show a second award of the Army Achievement Medal.
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 paragraph 2 of Permanent Orders 107-3 from the U.S. Army South, dated 12 October 1990 to show his correct SSN; adding after "Army Achievement Medal" the words "Oak Leaf Cluster"; and providing the individual a document to show these corrections.
_______ _ 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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