IN THE CASE OF:	  

		BOARD DATE:	  19 May 2011

		DOCKET NUMBER:  AR20100026012 


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 in:

	a.  item 8c (Home of Record (HOR) at Time of Entry into Service) that his HOR is Foxborough [sic], MA, and 

	b.  item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) to show award of the Army Commendation Medal (ARCOM) and the Army Good Conduct Medal (AGCM).

2.  He states that although he was awarded both the ARCOM and the AGCM, they do not appear on his DD Form 214.  He also states his HOR is incorrectly listed as Bristol, MA.  He concludes that he earned the medals and it is important to him and his family that his record is correct.

3.  He provides an award certificate and permanent orders as documentary evidence in support of this case.

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.  Item 41 (HOR) of his DD Form 4 (Enlistment Contract – Armed Forces of the United States), dated 14 February 1975, shows that at the time he enlisted in the U.S. Army Reserve he indicated his HOR was "X P____ Street, Foxboro (Bristol), MA  02035."  An Internet search revealed that Foxboro is a city located in Bristol County.

3.  A thorough review of the documents contained in his military personnel record revealed that his HOR consistently appears as either "X P____ Street, Foxboro (Bristol), MA  02035" or "Foxboro, MA."

4.  His DA Form 2-1 (Personnel Qualification Record - Part II) contains the following pertinent information:

* item 9 (Awards, Decorations, and Campaigns) does not show award of either the ARCOM or AGCM
* item 18 (Appointments and Reductions) shows he was promoted through the enlisted grades to specialist four/E-4 in less than 2 years
* item 25 (HOR/Address) HOR Foxboro, MA was struck through and replaced with "Rt X, Box XXXX #X, Spanaway, WA
* item 35 (Current and Previous Assignments) shows he was assigned to Company A, 1st Engineer Battalion, from 8 April 1976 to 27 June 1978

5.  His DD Form 214 contains the following pertinent information:

* item 8c shows his HOR as "X P____ Street, Bristol, MA  02035"
* item 26 does not show award of the ARCOM or AGCM

6.  His record is void of any evidence showing he was either recommended for or awarded the ARCOM or AGCM at any point in time.

7.  There is no evidence in the applicant's service personnel records which show he was awarded or recommended for award of the Army Good Conduct Medal.  There is also no indication he was disqualified for award of this medal and he had no apparent adverse actions.

8.  The applicant provides a redacted extract from Permanent Orders 78-14 issued by Headquarters, 9th Infantry Division and Fort Lewis, WA, on 28 April 1978 which indicates he was awarded the AGCM for exemplary behavior, efficiency, and fidelity in military service during the period 30 June 1975 through 29 June 1978.

9.  He also provides an ARCOM Certificate which indicates he was awarded the ARCOM for exceptionally meritorious service during the period 17 January 1977 to 29 June 1978.

10.  Army Regulation 600-8-22 (Military Awards) states the ARCOM may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

11.  Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the ABCMR.  Paragraph 2-9 contains guidance on the burden of proof.  It states that the ABCMR begins its consideration of each case with the presumption of administrative regularity, which is that what the Army did was correct.  The ABCMR is not an investigative body and decides cases based on the evidence that is presented in the military records provided and the independent evidence submitted with the application.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

12.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  This regulation establishes standardized policy for the preparation of the DD Form 214.  It states that commanders or chiefs of transition centers must ensure all information on the DD Form 214 and other separation documents is accurate.  The DD Form 214 is of vital importance to the separating Soldier and must be properly prepared according to prescribed guidance.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show in:

	a.  item 8c that his HOR is Foxboro, MA, and

	b.  item 26 to show award of the ARCOM and AGCM.

2.  The preponderance of evidence clearly shows his HOR as "X P____ Street, Foxboro (Bristol), MA  02035."

3.  The evidence shows the DD Form 214 he was issued erroneously shows the county of Bristol, MA, as his HOR rather than the city of Foxboro, MA.  The DD Form 214 is of vital importance to the separating Soldier and must be properly prepared accurately; therefore, the applicant is entitled to have his HOR correctly shown as "X P____ Street, Foxboro, MA  02035" in item 8c of his DD Form 214.

4.  Permanent orders show he was awarded the AGCM (1st Award) for the period 30 June 1975 to 29 June 1978.  Therefore he is entitled to correction of his DD Form 214 to show this award.

5.  His record is void of any evidence and he has not provided sufficient evidence showing he was either recommended for or awarded the ARCOM at any point in time.  In the absence of evidence to the contrary, there is no basis for granting the requested relief.

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:

	a.  deleting the current entry in item 8c of his DD Form 214 and replacing it with "X P____ Street, Foxboro, MA  02035"; and

	b.  adding the AGCM (1st Award) to item 26 of his DD Form 214.

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 award of the ARCOM.



      ____________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)                                         AR20100026012



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ABCMR Record of Proceedings (cont)                                         AR20100026012



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