BOARD DATE: 30 March 2010
DOCKET NUMBER: AR20090017164
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 Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized (All periods of service)) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) by removing the Medal of Honor as an authorized award.
2. The applicant states he was not awarded the Medal of Honor. He attributes this inaccuracy to a typographical error and states he was not present to review his DD Form 214 when it was prepared. He did not notice the error until recently when he reviewed his DD Form 214 prior to providing it to a prospective employer.
3. The applicant provides a copy of his DD Form 214 as documentary evidence in support of this 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 applicant's 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 applicant's 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 he enlisted in the Regular Army and entered active duty on 29 January 1991. The applicant completed basic combat and advanced individual training (AIT). Upon completion of AIT, he was awarded military occupational specialty (MOS) 88M (Motor Transport Operator). The highest rank/grade he held while serving on active duty was specialist (SPC)/E-4. On 15 July 1994, the applicant was honorably released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his Reserve obligation.
3. Item 13 of his DD Form 214 shows he was awarded the Medal of Honor.
4. The applicant's Official Military Personnel File (OMPF) is devoid of any evidence he was ever recommended for or awarded the Medal of Honor.
5. The applicant's name does not appear on the list of Medal of Honor recipients maintained by the Congressional Medal of Honor Society and posted to their Internet website: www.cmohs.org.
6. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Medal of Honor is awarded by the President in the name of Congress to a person who, while a member of the Army, distinguishes himself conspicuously by gallantry and intrepidity at the risk of his life above and beyond the call of duty while engaged in an action against an enemy of the United States. The deed performed must have been one of personal bravery or self-sacrifice so conspicuous as to clearly distinguish the individual above his comrades and must have involved risk of life. Incontestable proof of the performance of the service is required.
7. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. In establishes standardized policy for the preparation of the DD Form 214. In pertinent part, it states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. It is important that information entered on the form should be complete and accurate.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DD Form 214 should be corrected by removing the Medal of Honor from Item 13 of his DD Form 214 was carefully considered and determined to have merit.
2. The evidence clearly shows and the applicant acknowledges he was never recommended for or awarded the Medal of Honor. Therefore, he is entitled to correction of his record through the removal of this award.
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 removing from item 13 of his DD Form 214 the Medal of Honor.
_______ _ _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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