BOARD DATE: 1 February 2011
DOCKET NUMBER: AR20100016022
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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Army Commendation Medal (ARCOM) with two oak leaf clusters, Army Achievement Medal (AAM) with one oak leaf cluster, and Driver and Mechanic Badge with Driver-W Bar.
2. The applicant states he was assured his records were corrected.
3. The applicant provides copies of a DA Form 638-1 (Recommendation for Award of AAM, ARCOM, and Meritorious Service Medal); an ARCOM Certificate; and orders for awards of the AAM with 1st Oak Leaf Cluster, ARCOM with 1st Oak Leaf Cluster, and the Driver and Mechanic Badge with Driver-W Bar.
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 enlisted in the Regular Army on 23 January 1979. He completed his initial training and was awarded military occupational specialty 13B (Cannon Crewmember).
3. The following permanent orders (PO) show the applicant was awarded the indicated decoration/badge:
a. AAM by PO 90-132, Fort Hood, Texas, dated 30 May 1986;
b. ARCOM by PO 4-14, Fort Hood, Texas, dated 8 January 1987;
c. AAM with1st Oak Leaf Cluster by PO 24-8, Headquarters, 2nd Battalion, 20th Field Artillery, dated 27 June 1988;
d. Driver and Mechanic Badge with Driver-W Bar by PO 38-3, Headquarters, 2nd Battalion, 20th Field Artillery, dated 4 October 1988;
e. ARCOM with1st Oak Leaf Cluster by PO 136-44, Fort Sill, Oklahoma, dated 16 July 1991; and
f. ARCOM with 2nd Oak Leaf Cluster by PO 14-19, Fort Sill, Oklahoma, dated 3 February 1992.
4. On 18 January 1992 just prior to the issuance of his third ARCOM, the applicant was honorably discharged. He had attained the rank of corporal/pay grade E-4 and had completed 12 years, 11 months, and 26 days of creditable active duty service.
5. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists his awards as:
* Army Service Ribbon
* Overseas Service Ribbon (2nd Award)
* Southwest Asia Service Medal with two bronze service stars
* Army Good Conduct Medal (4th Award)
* Army Commendation Medal
* Army Achievement Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Marksman Marksmanship Qualification Badge with Grenade Bar
* National Defense Service Medal
* Noncommissioned Officer Professional Development Ribbon with Numeral 2
DISCUSSION AND CONCLUSIONS:
1. The applicant contends, in effect, that his DD Form 214 should be corrected to show award of the ARCOM with two oak leaf clusters, AAM with one oak leaf cluster, and the Driver and Mechanic Badge with Driver-W Bar.
2. PO clearly show the applicant was awarded the ARCOM with two oak leaf clusters, AAM with one oak leaf cluster, and the Driver and Mechanic Badge with Driver-W Bar. Therefore, his DD Form 214 should be corrected to show these awards.
BOARD VOTE:
___x____ ____x___ ____x___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 the ARCOM and AAM and
b. showing that in addition to the awards already shown on his DD Form 214, his awards include the ARCOM with two oak leaf clusters, AAM with one oak leaf cluster, and the Driver and Mechanic Badge with Driver-W Bar.
__________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) AR20100016022
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20100016022
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2013 | 20130007251
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the correct number of awards of the Army Achievement Medal (AAM) and Army Good Conduct Medal (AGCM). PO 195-014, issued by Headquarters, U.S. Army Field Artillery Center, Fort Sill, OK, on 9 October 1987 awarded him the AGCM for service during the period 1 October 1984 through 30 September 1987. As a result, the Board recommends that all Department of the Army records of the...
ARMY | BCMR | CY2014 | 20140005113
Application for correction of military records (with supporting documents provided, if any). The regulation stated that for an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" would be entered in item 18. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting...
ARMY | BCMR | CY1995 | 9510621C070209
The applicant requests correction of his DD Form 214, Certificate of Release or Discharge from Active Duty, to reflect that he was awarded the Army Achievement Medal (AAM) with two oak leaf clusters and the Driver and Mechanics Badge with T bar. The applicants military record does not contain any evidence that he was awarded the AAM or the Driver and Mechanics Badge with T bar. That all of the Department of the Army records related to this case be corrected: a. by showing that the...
ARMY | BCMR | CY2012 | 20120011811
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the: * Army Commendation Medal * Army Achievement Medal (2nd Award) * Driver and Mechanic Badge with Driver-W Bar 2. His records do not contain orders for a second award of the Army Achievement Medal or the Driver and Mechanic Badge with Driver-W Bar. In the absence of orders, there is insufficient evidence to correct his records to show the Army Achievement Medal...
ARMY | BCMR | CY2011 | 20110011730
In support of his request, the applicant provides the following documents: a. a DA Form 4980-18 (Army Achievement Medal Certificate), dated 17 July 1989, that shows Lieutenant Colonel James L. H----, Commander, 1st Battalion, 41st Infantry, awarded the applicant the Army Achievement Medal for meritorious achievement from 30 March through 9 May 1989; and b. a DA Form 4980-14 (Army Commendation Medal Certificate), dated 19 June 1990, that shows Colonel Stanley F. C----, Commander, 41st...
ARMY | BCMR | CY2010 | 20100008984
The applicant provides the following documents in support of his application: * DD Form 214 * two DD Forms 215 (Correction to the DD Form 214) * DA Form 4980-14 (Army Commendation Medal (ARCOM)) Certificate CONSIDERATION OF EVIDENCE: 1. Paragraph 2-7 of Army Regulation 635-5 states that a new DD Form 214 will be issued when two DD Forms 215 have been issued and an additional correction is required. ____________x_____________ CHAIRPERSON I certify that herein is recorded the true and...
ARMY | BCMR | CY2010 | 20100011452
Application for correction of military records (with supporting documents provided, if any). Army Regulation 600-8-22 states the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Army Good Conduct Medal (first award) for the...
ARMY | BCMR | CY2011 | 20110003423
The applicant requests correction of his record to show he was awarded the Army Commendation Medal (ARCOM) (1st Oak Leaf Cluster), Army Achievement Medal (AAM) (3d Oak Leaf Cluster), Army Good Conduct Medal (AGCM) (3d Award), Joint Service Achievement Medal (JSAM) (1st Award), and the Valorous Unit Award (VUA) or Meritorious Unit Commendation (MUC) for Operation Golden Pheasant. The evidence of record does not show the applicant served in a unit during a period for which the unit received...
ARMY | BCMR | CY2010 | 20100006993
The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the following awards: * Army Commendation Medal (ARCOM), * three Army Achievement Medals (AAM) * Korea Defense Service Medal * National Defense Service Medal * Southwest Asia Service Medal with three bronze service stars * three Overseas Service Ribbons * Valorous Unit Award 2. Army Regulation 600-8-22 (Military Awards) states the National Defense Service Medal is...
ARMY | BCMR | CY2014 | 20140017542
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the Army Commendation Medal (ARCOM), Army Achievement Medal (AAM) (2nd Award), and all authorized awards and decorations issued after his separation to include the "combat patch" (taken to mean the shoulder sleeve insignia for wartime service) for his service in Afghanistan. The applicant provides: * Enlisted Record Brief (ERB) * DA Form 1307 (Individual Jump Record) * DD Form...