IN THE CASE OF:
BOARD DATE: 16 November 2010
DOCKET NUMBER: AR20100011515
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 23 (Type of Separation) of his
DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 30 May 2006 to show the correct entry in lieu of "DROP FROM ROLLS OF THE ARMY." In addition, he requests, in effect, correction of item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 to show award of the Army Commendation Medal (ARCOM) he received at the end of his enlistment.
2. The applicant states the entry in item 23 of his DD Form 214 is incorrect and he received an award of the ARCOM after he had filled out his DD Form 214 while clearing.
3. The applicant provides a copy of:
* his DD Form 214
* a DA Form 638 (Recommendation for Award), dated 1 November 2005
* a DA Form 638, dated 20 March 2006
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 requested correction of item 23 of his DD Form 214 for the period ending 30 May 2006 to show his correct type of separation. His records contain a DD Form 215 (Correction to DD Form 214), dated 13 April 2010, that was issued by the Adjutant General Division, Wyoming, which corrected item 23 of his DD Form 214 to read "RELEASE FROM ACTIVE DUTY." Therefore, this portion of the applicant's request will not be discussed further in these Proceedings. Additionally, a copy of this DD Form 215 will be provided to the applicant with these Proceedings.
3. The applicant's military personnel records show he enlisted in the Regular Army on 31 May 2000 for a period of 6 years. He completed basic combat and advanced individual training and he was awarded military occupational specialty 15T (UH-60 Helicopter Repairer).
4. The applicant served in Kuwait/Iraq during the periods 1 March 2003 to
12 February 2004 and 18 November 2004 to 16 November 2005.
5. On 30 May 2006, the applicant was honorably released from active duty. He had completed 6 years of active service. Item 13 of his DD Form 214 shows the ARCOM with "V" Device.
6. A certificate for the award of the ARCOM shows the applicant was awarded the ARCOM for the period 4 February 2002 to 31 May 2006. This certificate further shows he was awarded the ARCOM by Permanent Orders Number
086-851R, issued by the 159th Aviation Brigade, 101st Airborne Division, Fort Campbell, KY.
7. A DA Form 638, dated 1 November 2005, submitted by the applicant, was for the award of the ARCOM for meritorious achievement on 23 October 2005. Part V (Orders Data) of this form is incomplete.
8. A DA Form 638, dated 20 March 2006, submitted by the applicant, was for the award of the ARCOM for exceptionally meritorious service from 4 February 2002 to 31 May 2006. The form indicates the applicant was previously awarded the Army Commendation Medal with "V" device. Part V of this DA Form 638 contains the same permanent orders number as cited on the abovementioned award certificate.
9. Army Regulation 600-8-22 (Military Awards) states, in pertinent part, that an oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the ARCOM.
10. Army Regulation 635-5 (Separation Documents) states that all decorations, service medals, campaign credits, and badges awarded or authorized will be entered in item 13 of the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends an award of the Army Commendation Medal he received at the end of his enlistment was not entered on his DD Form 214.
2. The DA Form 638 submitted by the applicant, dated 1 November 2005, is incomplete. Therefore, there is no basis for adding this ARCOM to his DD Form 214.
3. The DA Form 638, dated 20 March 2006, shows the applicant was approved for award of the Army Commendation Medal. Both the DA Form 638 and the applicant's DD Form 214 show he was previously awarded the ARCOM with "V" Device. Therefore, the applicant's DD Form 214 should be corrected to show the ARCOM (1st oak leaf cluster) with "V" Device.
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 from item 13 of his DD Form 214 for the period ending 30 May 2006 the Army Commendation Medal with "V" Device and
b. adding to item 13 of his DD Form 214 for the period ending 30 May 2006 the Army Commendation Medal (1st oak leaf cluster) with "V" Device.
___________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) AR20100011515
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ABCMR Record of Proceedings (cont) AR20100011515
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