IN THE CASE OF:
BOARD DATE: 4 August 2011
DOCKET NUMBER: AR20100029955
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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to include her award of two Army Achievement Medals, a Driver and Mechanic Badge, three Certificates of Achievement, a Mailroom Certificate, and a Certificate of Defensive Driving.
2. The applicant offers no statement.
3. The applicant provides copies of orders for the Driver and Mechanic Badge with Driver - W Bar, a military postal clerk identification card, three Certificates of Achievement, a Defensive Driving course certificate, a Drivers Test Station DA Form 348 (Equipment Operator's Qualification Record (Except Aircraft)), a recommendation for award of the Army Commendation Medal, two Army Achievement Medal Certificates, and four DA Forms 638 (Recommendation for Award).
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 served on active duty in the Regular Army from 31 August 2000 through 30 August 2004.
3. Her DD Form 214 lists her awards as the Army Lapel Button, Army Achievement Medal, Global War on Terrorism Expeditionary Medal, National Defense Service Medal, and the Army Service Ribbon.
4. Her integrated Personnel Electronic Record Management System record contains orders for an Army Achievement Medal (Headquarters, 1st Medical Brigade Permanent Orders Number 261-01) for the period 8 February 2001 to 13 September 2002; and an Army Commendation Medal (Headquarters, 1st Medical Brigade Permanent Orders Number 127-14) for the period 19 March 2003 through 24 April 2003.
5. In addition to the awards orders contained in the official file, the applicant provides copies of:
a. 36th Medical Evacuation Battalion Permanent Orders 113-3, dated 23 April 2003, awarding her the Driver and Mechanic Badge with Driver - W Bar; and
b. 36th Medical Evacuation Battalion Permanent Orders 138-09, awarding her the Army Achievement Medal for the period 15 December 2003 through 19 April 2004.
6. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It establishes standardized policy for preparing and distributing the DD Form 214 and states awards and decorations, specified in Army Regulation 600-8-22, for all periods of service are to be list in the priority sequence. Each entry will be verified by the Soldier's records and abbreviations are not to be used.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests her DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to include her award of two Army Achievement Medals, a Driver and Mechanic Badge, three Certificates of Achievement, a Mailroom Certificate, and a Certificate of Defensive Driving.
2. The applicant was awarded two Army Achievement Medals, an Army Commendation Medal, and the Driver and Mechanic Badge with Driver - W Bar. Only one of the Army Achievement Medals is listed on her DD Form 214.
3. The three Certificates of Achievement, Mailroom Certificate, and Certificate of Defensive Driving are not awards or decorations listed in Army Regulation 600-8-22 and therefore are not included on the DD Form 214.
4. Therefore, it is appropriate to correct the record only in as much as to show that, in addition to the awards listed on the DD Form 214, the applicant was awarded the Army Commendation Medal, Army Achievement Medal (2nd award), and the Driver and Mechanic Badge with Driver - W Bar.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
__X_____ ____X___ ____X__ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was 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 showing that, in addition to the awards listed on the DD Form 214, the applicant was awarded the Army Commendation Medal, Army Achievement Medal (2nd award), and the Driver and Mechanic Badge with Driver - W Bar.
2. The Board further determined that 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 including the three Certificates of Achievement, Mailroom Certificate, and Certificate of Defensive Driving as awards on the DD Form 214.
_________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) AR20100029955
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ABCMR Record of Proceedings (cont) AR20100029955
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