BOARD DATE: 17 March 2011
DOCKET NUMBER: AR20100023332
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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the Legion of Merit, four awards of the Meritorious Service Medal, and to show her home of record (HOR) as "Tennessee" vice "Alaska."
2. The applicant states, in effect, the Legion of Merit had to go through the U.S. Army Reserve (USAR) Command, Fort McPherson, GA and it was not signed until 1 November 2002; therefore, it was not placed in her military file (when she retired). She also states she does not know why the Meritorious Service Medals were not recorded on her DD Form 214.
3. The applicant provides her DD Form 214, five award certificates, and five orders.
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 she was appointed a second lieutenant (2LT) in the USAR on 22 August 1974. Her address was listed as Oak Ridge, TN 37830. In conjunction with her appointment, she completed a DA Form 61 (Application for Appointment), dated 20 August 1974, wherein she listed her permanent address as Oak Ridge, TN 37830.
3. Department of the Army, U.S. Army Reserve Components Personnel Administration Center, St. Louis, MO, Letter Orders Number A-08-76520, dated 23 August 1974, wherein she was ordered to extended active duty effective 29 September 1974 lists her address as Oak Ridge, TN 37830.
4. An amendment to her active duty orders, dated 23 August 1974, changed the "PL EAD/OAD (Place entered active duty/ordered to active duty)" from Oak Ridge, TN to Fort Wainwright, AK.
5. She was appointed as a 2LT in the Women's Army Corps on 29 September 1974. She served in various staff or leadership positions and she attained the rank of lieutenant colonel (LTC).
6. Headquarters, Military Traffic Management Command Permanent Orders Number 155-3, dated 4 June 2001, awarded her the Meritorious Service Medal (3rd Oak Leaf Cluster) for exceptionally meritorious service.
7. She was retired in the rank of LTC on 30 September 2002. The DD Form 214 she was issued shows she completed 28 years and 2 days of net active service.
8. Headquarters, USAR Command, Permanent Orders Number 305-014, dated 1 November 2002, awarded her the Legion of Merit for exceptionally meritorious service.
9. Item 7a (Place of Entry into Active Duty) of the DD Form 214 shows "Fort Wainwright, AK" and item 7b (HOR at the Time of Entry) of this form shows "Fort Wainwright, AK 35898."
10. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of her DD Form 214 shows the Meritorious Service Medal (3rd Award), Army Commendation Medal (5th Award), Army Achievement Medal (6rd Award), National Defense Service Medal (2nd Award), Army Service Ribbon, and the Overseas Service Ribbon (5th Award).
DISCUSSION AND CONCLUSIONS:
1. Permanent orders awarded the applicant the Legion of Merit and the Meritorious Service Medal (3rd Oak Leaf Cluster) which are not shown on her DD Form 214. Therefore, she is entitled to correction of her DD Form 214 to show these awards.
2. The available evidence confirms that although the applicant entered active duty at Fort Wainwright, AK, when she entered active duty her HOR was Oak Ridge, TN. Therefore, she is entitled to correction of her DD Form 214 to show this HOR.
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 amending her DD Form 214 as follows:
a. deleting from item 7b the entry "Fort Wainwright, AK 99703" and adding "Oak Ridge, TN 37830";
b. deleting from item 13 "Meritorious Service Medal (3rd Award)"; and
c. adding to item 13 the Legion of Merit and the Meritorious Service Medal (4th Award).
_______ _ 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) AR20100023332
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