IN THE CASE OF:
BOARD DATE: 18 February 2010
DOCKET NUMBER: AR20090016452
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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Army Commendation Medal.
2. The applicant states that permanent orders were published for the award after his release from active duty.
3. The applicant provides a copy of a certificate and citation to accompany General Orders Number 641, issued by Headquarters, 3rd Armored Division, on 15 December 1971, awarding him the Army Commendation Medal; a copy of his DD Form 214, dated 10 December 1971; and a copy of a letter, dated 25 May 2009, from the National Personnel Records Center, 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 Regular Army for a period of 4 years on 28 December 1967. He completed basic combat and advanced individual training and was awarded military occupational specialty 16R (Vulcan Crewmember). He was honorably released from active duty in the rank/grade of sergeant (SGT)/E-5 on 10 December 1971 and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining military service obligation.
3. The applicant's records further show he served in Germany from on or about
11 December 1970 to 1 December 1971. He was assigned to Battery B, 3rd Battalion, 61st Artillery, 3rd Armored Division.
4. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicants DD Form 214 shows he was awarded the National Defense Service Medal and the Good Conduct Medal. Item 24 of this DD Form 214 does not show award of the Army Commendation Medal.
5. Headquarters, 3rd Armored Division, General Orders Number 641, dated 15 December 1971 show the applicant was awarded the Army Commendation Medal for meritorious service from 11 December 1970 to 1 December 1971.
6. Review of the applicant's records indicates his entitlement to additional awards that are not shown on his DD Form 214:
a. Headquarters, U.S. Army Training Center and Fort Leonard Wood, Fort Leonard Wood, MO, Special Orders Number 47, dated 16 February 1968, show the applicant was awarded the Sharpshooter Marksmanship Qualification Badge (M-14 Rifle).
b. Headquarters, 13th Artillery Group, St. Paul, MN, Special Orders Number 222, dated 13 December 1968, show the applicant was awarded the 2nd Class Marksmanship Qualification Badge with Missile Bar.
c. Headquarters, 15th Artillery Group, Fort Bliss, TX, Special Orders Number 184, dated 6 August 1970 show the applicant was awarded the Marksman Marksmanship Qualification Badge (M-16 Rifle).
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show award of the Army Commendation Medal.
2. General orders awarded the applicant the Army Commendation Medal for meritorious service from December 1970 to December 1971 which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this award.
3. Special orders awarded the applicant the Sharpshooter Marksmanship Qualification Badge (M-14 Rifle), the 2nd Class Marksmanship Qualification Badge with Missile Bar, and the Marksman Marksmanship Qualification Badge (M-16 Rifle) which are not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show these badges.
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 adding to his DD Form 214 the Army Commendation Medal, the Sharpshooter Marksmanship Qualification Badge (M-14 Rifle), the 2nd Class Marksmanship Qualification Badge with Missile Bar, and the Marksman Marksmanship Qualification Badge (M-16 Rifle).
_______ _ _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) AR20090016452
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ABCMR Record of Proceedings (cont) AR20090016452
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