BOARD DATE: 21 October 2010
DOCKET NUMBER: AR20100011335
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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected by adding the Army Lapel Button and that he be provided the lapel button.
2. The applicant states law and regulation provides for Soldiers honorably released from active duty to be issued an Army Lapel Button.
3. The applicant provides his DD Form 214.
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 applicants military records show that he enlisted in the Regular Army on 6 May 1997, was awarded the military occupational specialty of microwave systems operator maintainer, served in Southwest Asia from 15 March 2000 to 3 March 2001, and was promoted to pay grade E-5.
3. He was honorably released from active duty on 5 May 2002 and transferred to the U.S. Army Reserve Control Group (Reinforcement).
4. Army Regulation 600-8-22 (Military Awards), paragraph 6-16, Lapel buttons for service, states the eligibility requirements for the Army Lapel Button are as follows:
a. Soldiers transitioning with an honorable characterization of service (those being transferred to another component for completion of a military service obligation, and those receiving an Honorable Discharge Certificate).
b. Non-adverse separation provision.
c. Minimum 9 months continuous servicea break is 24 hours or more.
d. Active Federal service on or after 1 April 1984 or service in a Ready Reserve unit organized to serve as a unit (National Guard unit or Army Reserve troop program unit) on or after 1 July 1986.
e. Retroactive issuance is not authorized.
f. No Soldier separating from the Service is to be awarded more than one Army Lapel Button.
g. Issuance requirements are as follows:
(1) All eligible Soldiers will receive the Army Lapel Button.
(2) Awarded by unit commander or representative, captain, or above.
(3) At troop formations or other suitable ceremonies.
(4) Orders will not be published.
DISCUSSION AND CONCLUSIONS:
The applicant served on active duty honorably for 5 years. As such, he is entitled to the Army Lapel Button and to have this button added to his DD Form 214.
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 Lapel Button and that the Army Lapel Button be sent to him for his personal wear.
_______ _ 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) AR20100011335
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ABCMR Record of Proceedings (cont) AR20100011335
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