IN THE CASE OF:
BOARD DATE: 28 April 2011
DOCKET NUMBER: AR20100024062
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 award of the Meritorious Service Medal and the Army recruiter ring.
2. The applicant states he has orders for the Meritorious Service Medal and the Army recruiter ring.
3. The applicant provides:
* DD Form 214
* DA Form 638-1 (Recommendation for Award) of the Meritorious Service Medal
* Two memoranda
* Certificate of Commendation
* Army Achievement Medal order amendment
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 the Regular Army on 5 July 1985 and he held military occupational specialty 63B (Light Wheel Vehicle Mechanic).
3. Headquarters, U.S. Army Recruiting Command Permanent Orders Number 16-9, dated 15 February 1994, awarded him the Meritorious Service Medal for meritorious service while assigned as a recruiter during the period 12 April 1991 through 1 March 1994.
4. On 28 April 1995, he was honorably discharged. He completed 9 years, 9 months, and 24 days of active service.
5. Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the Army Commendation Medal (1st Oak Leaf Cluster), Army Achievement Medal (4th Oak Leaf Cluster), Army Good Conduct Medal (3rd Award), National Defense Service Medal, Noncommissioned Officer Professional Development Ribbon with Numeral 2, Army Service Ribbon, Overseas Service Ribbon, Expert Marksmanship Qualification Badge with Rifle Bar (M-16), Marksman Marksmanship Qualification Badge with Grenade Bar, Army Gold Recruiter Badge with three Sapphire Achievement Stars, and the German Marksmanship Badge.
6. The applicant provides a Certificate of Commendation, dated 16 December 1993, showing he earned the Army recruiter ring for exceptional dedication, perseverance, and skill while assigned as a recruiter.
7. U.S. Army Recruiting Command Regulation 672-10 (Recruiting Incentive Awards), paragraph 2-4, states, in pertinent part, the Army recruiter ring signifies outstanding achievements in recruiting under the Recruiting Incentive Awards Program. No announcement memorandum is published awarding the ring because it cannot be placed as an official Army decoration. In addition to the ring, a certificate for the recruiter will be awarded, and a copy of the certificate will be placed in his or her personnel records.
DISCUSSION AND CONCLUSIONS:
1. Permanent orders awarded the applicant the Meritorious Service Medal which is not shown on his DD Form 214. Therefore, he is entitled to correction of his DD Form 214 to show this award.
2. There is no distinguishing device authorized for wear to indicate the receipt of the recruiter ring; therefore, there is no provision to list the ring or the certificate on the DD Form 214. Certificates of commendation are filed in the official military personnel file.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___X____ ____X___ ____X___ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to item 13 of his DD Form 214 the Meritorious Service Medal.
2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to correction of his DD Form 214 to show award of the Army recruiter ring.
__________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) AR20100024062
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ABCMR Record of Proceedings (cont) AR20100024062
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