IN THE CASE OF:
BOARD DATE: 21 October 2010
DOCKET NUMBER: AR20100013890
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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the following awards:
* Joint Service Commendation Medal (JSCM)
* Joint Meritorious Unit Award
* Air Force Outstanding Unit Award with "V" Device
2. The applicant states he was awarded the JSCM two months after he was discharged and did not think to update his DD Form 214 (Certificate of Release or Discharge from Active Duty). He also states as a Soldier assigned to the 314th Military Intelligence (MI) Battalion, Lackland Air Force Base, from
8 September 2001 to 10 January 2006 he was authorized to wear the Joint Meritorious Unit Award and the Air Force Outstanding Unit Award with "V" Device but did not realize these awards were authorized on his DD Form 214.
3. The applicant provides copies of the following documents in support of his application:
* DD Form 214
* National Security Agency, Central Security Service (NSA/CSS) General Order Number D7-1604-06
* Enlisted Record Brief (ERB)
* U.S. Air Force Fact Sheet
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 records show he enlisted in Regular Army on 11 January 2001.
3. Section IX (Assignment Information) of his ERB shows he was assigned to the 314th MI Battalion from 20 September 2001 through 13 July 2004.
4. Section F (Unit, Organization State, Zip Code or APO, Major Command) of his Noncommissioned Officer Evaluation Reports show he was assigned to the 314th MI Battalion during the following periods:
* August 2004 through July 2005
* August 2005 through November 2005
5. NSA/CSS General Order Number D7-1604-06, dated 13 March 2006, shows he was awarded the JSCM for the period of service September 2001 to January 2006.
6. The applicant submitted a copy of a U.S. Air Force Fact Sheet from the 314th MI Battalion which states the 314th MI Battalion received the following awards:
* Air Force Outstanding Unit Award with "V" Device for fiscal years 1995, 1998, 2000, and 2003
* Joint Meritorious Unit Award for exceptionally meritorious service from June 1992 to 2002
7. The applicant's records further show he was discharged honorably released from active duty 10 January 2006. The DD Form 214 he was issued shows he completed 5 years of active service. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded the Joint Service Achievement Medal, Army Good Conduct Medal, National Defense Service Medal, Noncommissioned Officer Professional Development Ribbon, Marksman Marksmanship Qualification Badge, and Global War on Terrorism Service Medal.
8. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The regulation directs, in pertinent part, that the purpose of the separation document is to provide the individual with documentary evidence of their military service. It is important that information entered on the form should be complete and accurate. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty to include attendance at basic and advanced training and will be prepared for all personnel at the time of their retirement, discharge, or release from active duty. Chapter 2 contains guidance on the preparation of the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show the following awards:
* JSCM
* JSUA
* Air Force Outstanding Unit Award with "V" Device
2. With respect to the JSCM Medal, orders awarded the applicant the JSCM for meritorious service from September 2001 to January 2006 which is not shown on his DD Form 214. Therefore, he is entitled to correction of his DD Forms 214 to show this award.
3. With respect to the JSUA and the Air Force Outstanding Unit Award,
general orders awarded the applicant's unit the JSUA and Air Force Outstanding Unit Award with "V" Device during his tenure of assignment. Therefore, he is entitled to correction of his records to show these unit awards.
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 the JSCM, JSUA, and Air Force Outstanding Unit with "V" Device to item 13 of his 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) AR20100013890
2
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