IN THE CASE OF:
BOARD DATE: 28 September 2010
DOCKET NUMBER: AR20100010275
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 item 12a (Date Entered AD [Active Duty] This Period) on her DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show 15 June 2000 instead of 15 August 2002. She also requests her DD Form 214 be corrected to show a second award of the Army Achievement Medal (AAM) and the Federal Republic of Germany Silver Schutzenschnur (a German Army Marksmanship Badge).
2. The applicant states:
* Her documents were thought to be correct upon her separation from the Army
* Documents were stolen and replaced in 2004
* The errors on her DD Form 214 went unnoticed until she enlisted in the U.S. Navy Reserve on 1 November 2008
3. The applicant provides:
* DD Form 214
* Enlistment contract
* Orders for the AAM, dated 25 November 2003
* DA Form 638 (Recommendation for Award), dated 19 November 2003
* Orders for the AAM, dated 8 May 2003
* DA Form 638, dated 5 May 2003
* Award certificate for the Federal Republic of Germany Silver Schutzenschnur
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 enlistment contract shows she enlisted in the Regular Army on 15 June 2000 for a period of 3 years. She served as a light wheeled vehicle mechanic and was honorably released from active duty on 30 September 2003 after completing 3 years, 3 months, and 16 days of creditable service.
3. Item 12a on the applicant's DD Form 214 shows the entry "2002 08 15"
[15 August 2002]. Item 12c (Net Active Service This Period) on her DD Form 214 shows she completed 3 years, 3 months, and 16 days. Her DD Form 214 shows the AAM, National Defense Service Medal, Army Service Ribbon, and Overseas Service Ribbon as authorized awards.
4. Headquarters, Transportation Support Battalion (TSB), 21st Theater Support Command, Permanent Order 128-07, dated 7 May 2003, shows the applicant received the AAM for meritorious achievement for the period 20 February 2003 to 15 April 2003.
5. Headquarters, TSB, 21st Theater Support Command, Permanent Order
329-08, dated 25 November 2003, shows the applicant received the AAM for meritorious service for the period 20 December 2000 to 29 July 2003.
6. The applicant provided an award certificate, dated 28 August 2001, which shows she received the Federal Republic of Germany Silver Schutzenschnur for successful completion of the German Army Weapons Qualification Course. This certificate was authenticated by Major General Patterson.
7. Appendix D (Foreign Badges) of Army Regulation 600-8-22 (Military Awards) shows the German Army Marksmanship Badge. Paragraph 9-26(b) of Army Regulation 600-8-22 states that commanders (overseas and continental United States) serving in the rank of brigadier general or higher and colonel level commanders who exercise general court-martial authority are delegated authority to approve the acceptance, retention, and permanent wear of foreign badges listed in Appendix D. This authority may not be further delegated. The burden of proof rests on the individual Soldier to produce valid justification (orders, citations, or other original copies of the foreign elements which awarded them the badge).
DISCUSSION AND CONCLUSIONS:
1. The applicant's enlistment contract which shows she enlisted on 15 June 2000 is accepted as sufficient evidence on which to amend item12a on her DD Form 214. Therefore, item 12a on her DD Form 214 should be corrected to show this date.
2. The applicant's DD Form 214 shows one award of the AAM. However, orders show she received two awards of the AAM. Therefore, her DD Form 214 should be corrected to show two awards of the AAM.
3. Evidence of record shows the applicant was awarded the German Army Marksmanship Badge (Silver Schutzenschnur). Therefore, her DD Form 214 should be corrected to show the German Marksmanship Badge (Silver Schutzenschnur).
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:
a. deleting the entry in item 12a on her DD Form 214 and replacing it with the entry "2000 06 15;"
b. deleting the entry "ARMY ACHIEVEMENT MEDAL" in item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) on her DD Form 214 and replacing it with "ARMY ACHIEVEMENT MEDAL (2ND AWARD);" and
c. adding the German Marksmanship Badge (Silver Schutzenschnur) in item 13 on her DD Form 214.
_______ _ __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) AR20100010275
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ABCMR Record of Proceedings (cont) AR20100010275
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