Search Decisions

Decision Text

ARMY | BCMR | CY2010 | 20100026167
Original file (20100026167.txt) Auto-classification: Denied

		
		BOARD DATE:	  10 May 2011

		DOCKET NUMBER:  AR20100026167 


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 (Report of Transfer or Discharge) for the period ending 14 January 1966 to show award of the Legion of Merit, Army Commendation Medal, Army Achievement Medal (First Oak Leaf Cluster), and two awards of the Army Reserve Components Achievement Medal.

2.  The applicant states the Army Reserves does not update a DD Form 214 from past active duty.

3.  The applicant provides:

* orders for the Legion of Merit, Army Commendation Medal, and the Army Achievement Medal (First Oak Leaf Cluster)
* documentation for two awards of the Army Reserve Components Achievement Medal

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 was inducted into the Army of the United States on 17 January 1964.  He served as a transportation supply and parts specialist in Vietnam.  On 14 January 1966, he was honorably released from active duty and he was transferred to the U. S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining service obligation.

3.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for the period ending 14 January 1966 shows the Good Conduct Medal, Vietnam Service Medal, and Expert Marksmanship Qualification Badge with Rifle Bar as authorized awards.

4.  He provided:

* Orders 4-1, issued by Headquarters, 1st Judge Advocate General Detachment, San Antonio, TX, dated 28 July 1983, that awarded him the Army Commendation Medal for the period 1 June 1978 to 31 May 1983
* Permanent Orders 13-12, issued by Headquarters, 90th U.S. Army Reserve Command, San Antonio, dated 14 August 1988, that awarded him the Army Achievement Medal (First Oak Leaf Cluster) for the period 16 October 1987 to 1 November 1987
* a DA Form 2496 (Disposition Form), dated 4 February 1989, that awarded him the Army Reserve Components Achievement Medal (Third Award) for the period 24 October 1974 to 24 October 1984
* an undated memorandum, subject:  Award of the Army Reserve Components Achievement Medal, that awarded him the Army Reserve Components Achievement Medal (Second Oak Leaf Cluster) for the period 24 October 1986 to 23 October 1990
* Permanent Order Number 101-9, issued by Fifth U.S. Army, Fort Sam Houston, TX, dated 10 April 1996, that awarded him the Legion of Merit for the period 2 March 1986 to 1 March 1996

5.  He was assigned to the Retired Reserve on 1 March 1996.

6.  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.  It establishes standardized policy for the preparation of the DD Form 214.  In pertinent part it states that the
DD Form 214 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.

DISCUSSION AND CONCLUSIONS:

1.  The DD Form 214 is a "snapshot in time" and is a reflection of the applicant's record of active Army service at the time of his release from active duty.  

2.  The applicant was released from active duty on 17 January 1966.  Documentation provided by the applicant shows he received the Legion of Merit, Army Commendation Medal, Army Achievement Medal (First Oak Leaf Cluster), and two awards of the Army Reserve Components Achievement Medal more than 16 years after his release from active duty.  Therefore, there is no basis for granting his request to add these awards on his DD Form 214 for the period ending 14 January 1966.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___x__  ___x_____  ___x_____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      __________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)                                         AR20100026167



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100026167



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2012 | 20120021686

    Original file (20120021686.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the: * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) * Army Good Conduct Medal * Army Achievement Medal (2nd Award) * Army Commendation Medal * Meritorious Service Medal 2. Although his conduct and efficiency ratings can't be determined from the available evidence, given his honorable service, foreign service tour completion, attainment of the rank/grade...

  • ARMY | BCMR | CY2004 | 20040001958C070208

    Original file (20040001958C070208.doc) Auto-classification: Approved

    The applicant requests that his DD Form 214 (Report of Transfer or Discharge) be corrected to show award of the Purple Heart, Army Good Conduct Medal, Combat Infantryman Badge, and Republic of Vietnam Gallantry Cross Unit Citation with Palm. The applicant is requesting that his 11 August 1969 DD Form 214 be corrected in that awards that he is entitled to are not reflected on that form; however, the applicant’s military service continued after that date, and he was placed on the temporary...

  • ARMY | BCMR | CY2007 | 20070017917

    Original file (20070017917.txt) Auto-classification: Approved

    The applicant's military records show that he was honorably released from the North Carolina Army National Guard on 30 September 1996 after culminating a military career spanning over 32 years, which included early service in the Regular Army, and his attainment of the rank of major general. Therefore, it would be appropriate at this time to correct his military records to show the award of the Defense Superior Service Medal. As a result, the Board recommends that the State Army National...

  • ARMY | BCMR | CY2011 | 20110009944

    Original file (20110009944.txt) Auto-classification: Approved

    The applicant's DA Form 20 (Enlisted Qualification Record) shows in: a. item 29 (Qualification in Arms) he qualified: * Sharpshooter with the M-14 Rifle on 29 April 1966 * Expert with the M-60 Machinegun on 7 July 1966 * Sharpshooter with the M-16 Automatic Rifle on 1 July 1966 b. item 31 (Foreign Service) Republic of Vietnam (RVN) from 13 September 1966 through 21 August 1968; c. item 38 (Record of Assignments) he was assigned to the: (1) 68th Assault Helicopter Company, from 27 September...

  • ARMY | BCMR | CY2009 | 20090009376

    Original file (20090009376.txt) Auto-classification: Approved

    There are no orders or other evidence in the applicant's military personnel records that shows he was awarded the Air Medal (18th through 20th oak leaf cluster). The applicant contends that his records should be corrected to show three additional awards of the Air Medal (i.e., Air Medal with 18th through 20th oak leaf cluster) because he completed 77 combat hours and 139 combat missions in the RVN from 6 August 1967 to 29 September 1967 subsequent to his 17th award of the Air Medal. As a...

  • ARMY | BCMR | CY2010 | 20100026678

    Original file (20100026678.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Report of Separation from Active Duty), for the period ending on 28 February 1978 to show the: * Army Commendation Medal (1st Oak Leaf Cluster) * Meritorious Service Medal * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Army Reserve Components Achievement Medal 2. _______ _ _X______ ___ CHAIRPERSON I certify that herein is...

  • ARMY | BCMR | CY2011 | 20110005201

    Original file (20110005201.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the following awards: * Air Medal with “V” device (fifth oak leaf cluster) * Army Good Conduct Medal * Republic of Vietnam Gallantry Cross with Palm Unit Citation * three bronze service stars to be added to his already-awarded Vietnam Service Medal * Presidential Unit Citation (first oak leaf cluster) 2. Item 9 (Awards, Decorations and Campaigns) of his DA Form...

  • ARMY | BCMR | CY2006 | 20060014670

    Original file (20060014670.txt) Auto-classification: Approved

    The applicant requests, in effect, correction of his separation document to show award of the Good Conduct Medal (2nd Award), the Army Achievement Medal with four Oak Leaf Clusters, the Armed Forces Reserve Medal (2nd Award), and the Overseas Service Ribbon (3rd Award). The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty) covering the period 12 April 1984 through 24 February 1987; a DD Form 214 covering the period 11 October 1990 through 20...

  • ARMY | BCMR | CY2009 | 20090015621

    Original file (20090015621.txt) Auto-classification: Approved

    The applicant requests, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show all of his awards, to include the Air Medal with five Oak Leaf Clusters, Army Reserve Components Achievement Medal, Army Service Ribbon, Army Reserve Components Overseas Training Ribbon with Numeral 1, and the Purple Heart. The applicant provides, in support of his application, copies of his DD Form 214, a page from a service medical record showing...

  • ARMY | BCMR | CY2008 | 20080001123

    Original file (20080001123.txt) Auto-classification: Approved

    The applicant requests, in effect, that his record and separation document (DD Form 214) be corrected to show his entitlement to the Kuwait Liberation Medal-Saudi Arabia (KLM-SA), Kuwait Liberation Medal-Kuwait (KLM-KU), Armed Forces Reserve Medal (AFRM) with silver hourglass (2nd Award) and "M" (Mobilization) Device; Army Reserve Component Achievement Medal (ARCAM) 5th Oak Leaf Cluster (6th Award), and Army Reserve Component Overseas Training Ribbon (ARCOTR) 2nd Oak Leaf Cluster (3rd...