Search Decisions

Decision Text

ARMY | BCMR | CY2009 | 20090017164
Original file (20090017164.txt) Auto-classification: Approved

		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.

ABCMR Record of Proceedings (cont)                                         AR20090017164



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090017164



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2008 | 20080016314

    Original file (20080016314.txt) Auto-classification: Denied

    The applicant's records do not contain general orders awarding him the Medal of Honor, the Silver Star, or the Bronze Star Medal. In the applicant's case, it is noted that: a. the applicant's record is void of a recommendation for award of the Medal of Honor; there are no general orders that show the applicant was awarded the Medal of Honor; and the applicant did not provide any incontestable proof of the performance of the service that shows he distinguished himself conspicuously by...

  • ARMY | BCMR | CY2013 | 20130008819

    Original file (20130008819.txt) Auto-classification: Approved

    The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 7 October 1991 (hereafter referred to as his DD Form 214) to show completion of the Drill Instructor Course and the Medal of Honor, Purple Heart, Army Achievement Medals (AAMs), Overseas Service Ribbons (OSRs), and Army Good Conduct Medals (AGCMs). His DA Form 2-1 (Personnel Qualification Record) authenticated on 1 February 1991 shows in: * item 5...

  • ARMY | BCMR | CY2011 | 20110016994

    Original file (20110016994.txt) Auto-classification: Denied

    The applicant requests to be paid a reenlistment bonus and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Medal of Honor. The applicant’s record contains a DD Form 4, dated 3 July 1969, which shows he reenlisted for an assignment in the Republic of Vietnam. There is no evidence in the applicant’s record nor did the applicant provide evidence he was ever recommended for award of the Medal of Honor.

  • ARMY | BCMR | CY2006 | 20060015224C071029

    Original file (20060015224C071029.doc) Auto-classification: Denied

    The applicant states, in effect, he was awarded the PH and MOH during the time of his service. The applicant's record is void of any orders or other documents that indicate he was ever recommended for or awarded either the PH or MOH by proper authority while serving on active duty. Records show the applicant should have discovered the alleged error or injustice now under consideration related to the PH, MOH and the authority and reason for his separation on 21 October 1971, the date of...

  • ARMY | BCMR | CY2008 | 20080013214

    Original file (20080013214.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). The applicant's Official Military Personnel File is void of any orders or other documents that show he was ever recommended for or awarded the MOH or any other awards not listed in his record during his active duty tenure. Army Regulation 600-8-22 (Military Awards) contains the Army’s awards policy.

  • ARMY | BCMR | CY2011 | 20110005448

    Original file (20110005448.txt) Auto-classification: Denied

    In a letter to the applicant, dated 19 October 2010, Chief, Military Awards Branch, HRC, stated on 26 August 2009, the Commanding General, HRC, disapproved forwarding the recommendation to the Senior Army Decorations Board and affirmed that the previously awarded Distinguished Flying Cross was the appropriate award for his action. A letter to LTC B_____, dated 22 February 2011, from the Army Review Board Agency stated that in order to initiate a review of the applicant's military records...

  • ARMY | BCMR | CY2011 | 20110002530

    Original file (20110002530.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). Army Regulation 600-8-22 (Military Awards) states the SS is awarded for gallantry in action against the enemy. Evidence of record shows the applicant was temporarily promoted to SGT on 28 October 1968.

  • ARMY | BCMR | CY2010 | 20100009643

    Original file (20100009643.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). His medical records are not available for review with this case and there is no evidence in his records showing he was: * ever recommended for or awarded the Medal of Honor * wounded or injured during his military service * issued orders awarding him the Medal of Honor or Purple Heart 4. The applicant's request to have his record corrected to show he was awarded the Medal of Honor and Purple Heart...

  • ARMY | BCMR | CY2015 | 20150004060

    Original file (20150004060.txt) Auto-classification: Approved

    His DD Form 214 shows his: * date of discharge as 12 March 1969 * rank and pay grade as private/E-1 * reason for separation as Army Regulation 635-89 (Personnel Separations – Homosexuality) * characterization of service as under conditions other than honorable * service in the MOS 57A (Duty Soldier) * only award of the National Defense Service Medal * period of creditable service as 3 months and 29 days * no foreign service * three periods of lost time; 251 day – 44 days in AWOL and 207 due...

  • ARMY | BCMR | CY2008 | 20080012035

    Original file (20080012035.txt) Auto-classification: Denied

    The applicant states he should have been awarded the Medal of Honor for his actions in taking "Bloody Ridge" in Korea. Army Regulation 600-8-22 (Military Awards) states the following: a. the Medal of Honor is awarded by the President in the name of Congress to a person who, while a member of the Armed Forces of the United States, distinguishes themselves conspicuously by gallantry and intrepidity at the risk of their life above and beyond the call of duty while engaged in an action against...