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 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 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 Soldiers 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
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ABCMR Record of Proceedings (cont) AR20100026167
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