IN THE CASE OF:
BOARD DATE: 31 May 2011
DOCKET NUMBER: AR20100027291
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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show award of:
a. the Army Good Conduct Medal (AGCM) and two awards of the Army Achievement Medals (AAM); and
b. correction of his social security number (SSN) on his DD Form 215 (Correction to DD Form 214).
2. The applicant states, in effect, he served honorably 3 years and he has the official AAM award recommendations. He also states that his DD Form 215 shows an incorrect middle digit.
3. The applicant provides his DD Form 214, DD Form 215, and two AAM Certificates.
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. His military records show he enlisted in the Regular Army on 2 September 1992. He was awarded military occupational specialty 11M (Fighting Vehicle Infantryman). He was honorably released from active duty on 1 September 1995 and transferred to the U.S. Army Reserve Control Group (Reinforcement). He completed 3 years of creditable active service.
3. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for the period ending 1 September 1995 shows he was awarded the Army Lapel Button, National Defense Service Medal, Army Service Ribbon, Overseas Service Ribbon, and Expert Infantryman Badge.
4. Permanent Orders 29-6, dated 15 June 1994, awarded him the AAM for meritorious achievement during the period 8 February to 6 March 1994.
5. Permanent Orders 239-02, dated 30 August 1995, awarded him the AAM for meritorious service and achievement.
6. Headquarters, 1st Infantry Division (Mechanized) Permanent Orders
144-00050, dated 24 May 1995, awarded him the AGCM for the period 2 September 1992 through 1 September 1995.
7. His DD Form 215, dated 1 June 2006, shows his SSN as XXX-3X-XXXX. All of his other military records show his SSN as XXX-7X-XXXX.
8. 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. It provides a brief, clear-cut record of active service at the time of release from active duty, retirement or discharge.
DISCUSSION AND CONCLUSIONS:
1. Permanent orders awarded him the AGCM for the period 2 September 1992 through 1 September 1995. Therefore, he is entitled to have this award added to his DD Form 214.
2. He received two awards of the AAM on orders. As such, he is entitled to have these two awards added to his DD Form 214.
3. Throughout his records his SSN is shown as XXX-7X-XXXX. It appears the SSN currently shown on his DD Form 215 "XXX-3X-XXXX" was transcribed in error; therefore, it would be appropriate to correct this DD Form 215 to show his SSN as XXX-7X-XXXX.
4. In view of the foregoing, he is entitled to have his records corrected as shown below.
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. adding the AGCM (1st Award) and AAM (2nd Award) to item 13 of his DD Form 214; and
b. amending item 3 of his DD Form 215, dated 1 June 2006, to show his SSN as XXX-7X-XXXX.
____________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.
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