BOARD DATE:	  22 June 2010

		DOCKET NUMBER:  AR20090021376 


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 the date listed in item 5 (Date of Birth) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to read 5 January 1956 vice 15 January 1956, as is currently listed.  He also requests the Army Commendation Medal (ARCOM) and Army Achievement Medal (AAM) be added to his DD Form 214.

2.  The applicant states his correct date of birth (DOB) is 5 January 1956 and he was awarded the ARCOM and AAM.

3.  The applicant provides the following in support of his application:

* Certificate of Citizenship 
* Army Commendation Medal certificate, dated 22 May 1981
* Army Good Conduct Medal certificate (17 April 1979 through 16 April 1982)
* Army Achievement Medal certificate, dated 19 October 1982

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 Army on 17 April 1979.  He served on active duty in this status for 3 years, 11 months, and 29 days until being honorably separated on 15 April 1983.

3.  The applicant's Official Military Personnel File (OMPF) contains a DD Form 4/1 (Enlistment/Reenlistment Document - Armed Forces of the United States) that was prepared during enlistment processing.  This document lists his DOB as 15 January 1956 in Item 7 (Date of Birth), and the applicant authenticated this document with his signature in Item 17b (Signature of DEP Enlistee). 

4.  His DA Form 428 (Application for Identification Card), Item 10, shows a pen and ink correction to amend the DOB from 5 January 1956 to 15 January 1956.

5.  The applicant's DD Form 1966/1 (Application for Enlistment Armed Forces of the United States) dated 23 May 1979 and his DD Form 93 (Record of Emergency Data) dated 17 October 1979 show 1 May 1956 as his DOB.

6.  A review of the record shows the following documents list 5 January 1956 as the applicant's DOB:  

	a.  Standard Form (SF) 88 (Report of Medical Examination), dated 
20 February 1979, and

	b.  DA Form 873 (Certificate of Clearance and/or Security Determination), dated 5 January 1981. 

7.  The applicant provides a copy of his citizenship certificate which shows his date of birth as 5 January 1956.

8.  Permanent Orders Number 52-5, dated 28 May 1981, awarded the applicant the Army Commendation Medal for the period of 1 October 1979 to 1 September 1981. 


9.  The certificate for award of the Army Achievement Medal, as provided by the applicant, indicates he received this award for meritorious service during the period from 9 August through 13 August 1982 while serving with the 32d Army Air Defense Command.  

10.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Army Achievement Medal is awarded to any member of the armed forces of the United States, who while serving in a noncombat area on or after 1 August 1981, distinguished themselves by meritorious service or achievement.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests to have his DD Form 214 corrected to show his DOB as "5 January 1956" and to add the Army Commendation Medal and the Army Achievement Medal.

2.  With respect to the applicant's DOB, although the applicant's enlistment document shows "15 January 1956" as his DOB, his application for enlistment lists his DOB as "1 January 1956."   Further, there are additional documents contained in the OMPF which show his DOB as "5 January 1956," to include a medical examination and certificate of security clearance.  The record contains conflicting information; however, the DOB as documented on the certificate for security clearance serves as compelling evidence because this information was verified by means of a background investigation and weighs in the applicant's favor.  Therefore, his DOB should be corrected.

3.  The evidence shows Permanent Orders Number 52-5, Headquarters, 32d Army Air Defense Command, awarded the ARCOM to the applicant on 28 May 1981.  The DD Form 214 should be corrected to add this award.

4.  There are no orders showing the applicant was awarded the AAM.  The certificate provided by the applicant is not sufficient evidence by itself upon which to base a correction of his records.  Should he have, or be able to obtain, a copy of the orders awarding the AAM, or be able to provide other evidence to corroborate this award, he may submit another application for consideration. 


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 Commendation Medal to the DD Form 214 and correcting Item 5 to read "5 January 1956." 

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 the award of the Army Achievement Medal.



      _________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)                                         AR20090021376



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ABCMR Record of Proceedings (cont)                                         AR20090021376



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