IN THE CASE OF:
BOARD DATE: 3 May 2011
DOCKET NUMBER: AR20100025823
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 all of his awards.
2. He believes his record is incorrect in the area of item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214.
3. He provides:
* his DD Form 214
* two certificates for award of the Army Achievement Medal
* five DA Forms 638 (Recommendation for Award)
* a North Atlantic Treaty Organization (NATO) Certificate for the NATO Medal
* orders awarding him the Mechanics Badge (Wheel), Army Good Conduct Medal (1st Award), and the Drivers Badge (Wheeled Vehicle)
* a Certificate of Training
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 enlisted in the Regular Army on 26 January 1996. He completed training and he was awarded military occupational specialty 63B (light wheeled vehicle mechanic)
3. He was honorably released from active duty on 13 July 2001 and he was transferred to a Reserve unit in Kentucky on the following day. He completed
5 years, 5 months, and 18 days of creditable active service.
4. Item 13 of his DD Form 214 shows the:
* Army Commendation Medal
* Army Achievement Medal (2nd Award)
* Noncommissioned Officer Professional Development Ribbon
* Army Service Ribbon
* Overseas Service Ribbon
5. Review of his service personnel record for the period 26 January 1996 through 13 July 2001 reveals he was awarded the:
* Army Achievement Medal for meritorious achievement for the period
23 September to 19 December 1996 by Permanent Orders 31-13, dated
5 February 1997
* Mechanics Badge (Wheel) for the period 6 August 1996 to 6 August 1997 by Permanent Orders 218-1, dated 6 August 1997
* Army Achievement Medal for meritorious achievement for the period
13 September to 24 September 1998 by Permanent Orders 292-26, dated 19 October 1998
* Army Good Conduct Medal (1st Award) for the period 26 January 1996 to 25 January 1999 by Permanent Orders 036-184, dated 5 February 1999
* Army Commendation Medal for meritorious service from 1 July 1996 to 14 April 1999 by Permanent Orders 53-10, dated 22 February 1999
* NATO Medal for service with NATO on operations in relation to Kosovo during the period 28 November 2000 to 28 May 2001
* Army Achievement Medal for meritorious service from 30 June 1999 to 28 June 2001 by Permanent Orders 156-1, dated 11 June 2001
* Army Achievement Medal for meritorious achievement from 21 November 2000 to 26 May 2001 by Permanent Orders 225-49, dated 12 June 2001
6. Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214. It is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. It states that awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 will be entered on the DD Form 214. Each entry will be verified by the Soldiers records.
DISCUSSION AND CONCLUSIONS:
1. The applicants DD Form 214 currently reflects the Army Achievement Medal (2nd Award); however, orders show he was awarded four awards of the Army Achievement Medal during his period of active service. Therefore, his DD Form 214 should be corrected to show his four awards of the Army Achievement Medal.
2. Orders show he was awarded the Army Good Conduct Medal (1st Award). Therefore, his DD Form 214 should be corrected to show this award.
3. Orders show he was awarded the Mechanic Badge (Wheel), properly known as the Driver and Mechanic Badge with Mechanic Bar. Therefore, his DD Form 214 should be corrected to show this badge.
4. He provided a certificate which shows he was awarded the NATO Medal for service with NATO operations in relation to Kosovo during the period 28 November 2000 to 28 May 2001. Therefore, his DD Form 214 should be corrected to show this award.
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 the Army Achievement Medal (2nd Award), and
b. adding to item 13 of his DD Form 214 the:
* Army Achievement Medal (4th Award)
* Army Good Conduct Medal (1st Award)
* North Atlantic Treaty Organization Medal
* Driver and Mechanic Badge with Mechanic 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) AR20100025823
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20100025823
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