IN THE CASE OF:	  

		BOARD DATE:	  20 September 2011

		DOCKET NUMBER:  AR20110005725 


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:

* reflect his November 1992 honorable discharge
* show award of the Army Achievement Medal
* show award of the Army Commendation Medal
* reflect his U.S. Army Reserve (USAR) service

2.  The applicant states the errors appear to be an administrative oversight.

3.  The applicant provides:

* Certificate of training
* DD Form 214
* Letter from the National Personnel Records Center
* Chronological records of medical care
* DA Form 638 (Recommendation for award (For Other Than valor) of Army Achievement Medal (AAM), Army Commendation Medal (ARCOM), and Meritorious Service Medal (MSM))
* DA Form 2166-7 (NCO (Noncommissioned Officer) Evaluation Report)
* Certificate showing award of the Army Achievement Medal
* Certificate showing award of the Army Commendation Medal
* Honorable Discharge Certificate


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 enlisted in the Regular Army (RA) on 11 September 1979 and held military occupational specialty 51B (Carpentry and Masonry Specialist).  He served at Fort Polk, LA.

3.  He was honorably released from active duty on 9 September 1983 and he was transferred to the USAR Control Group (Reinforcement) to complete his remaining service obligation.  He completed 3 years, 11 months, and 29 days of creditable active service.  

4.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* Army Service Ribbon
* Marksman Marksmanship Qualification Badge with Rifle (M-16) Bar
* Expert Marksmanship Qualification badge with Grenade Bar
* Army Good Conduct Medal

5.  Headquarters, 5th Infantry Division, Fort Polk, LA, published Permanent Orders 157-123 on 22 August 1983 awarding him the Army Commendation Medal for service from 3 January 1981 to 10 September 1983. 

6.  He enlisted in the USAR on 17 January 1989 and he served with the 489th Transportation Company, Jacksonville, FL.  He was honorably discharged from the USAR on 4 November 1992.

7.  Headquarters, 416th Transportation Battalion, Jacksonville, FL, published Permanent Orders 9-1 on 21 August 1991 awarding him the Army Achievement Medal for achievement from 10 July 1989 to 13 July 1991. 

8.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge, and is not intended to have any legal effect on termination of a Soldier's service.  A DD Form 214 will be prepared for each Soldier as indicated:

	a.  Active Army Soldiers on termination of active duty by reason of administrative separation (including separation by reason of retirement or expiration of term of service), physical disability separation, or punitive discharge under the Uniform Code of Military Justice;

	b.  Reserve Component (RC) Soldiers completing 90 days or more of continuous active duty for training (ADT), Full-Time National Guard Duty, active duty for special work, temporary tours of active duty, or Active Guard Reserve service.  Also, RC Soldiers separated for cause or physical disability, regardless of the length of time served on active duty;

	c.  Army National Guard (ARNG) and USAR Soldiers mobilized under Title 10, U.S. Code (USC), sections 12301(a), 12302, or 12304, and ARNG Soldiers called into Federal service under Title 10, USS, chapter 15 or section 12406, regardless of length of mobilization, when transitioned from active duty; and  

	d.  RC Soldiers completing initial ADT that results in the award of a military occupational specialty, even when the active duty period was less than 90 days.  This includes completion of advanced individual training under the ARNG of the United States Alternate Training Program or the USAR Split Training Program.

DISCUSSION AND CONCLUSIONS:

1.  With respect to the Army Commendation Medal, permanent orders awarded him the Army Commendation Medal for service which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this award.

2.  With respect to the Army Achievement Medal, this award was awarded or authorized in 1991, some 8 years after he had been released from active duty.  There is no provision to list it on a previously-issued DD Form 214. 


3.  With respect to his honorable discharge, his DD Form 214 clearly show he was honorably released from active duty on 9 September 1983 and his USAR discharge orders clearly show he was honorably discharged from the USAR on 4 November 1992.  There is no indication he completed any other periods of service and was issued a discharge that is characterized as other than honorable. 

4.  With respect to listing his USAR service on his DD Form 214:

	a.  He served on active duty from 11 September 1979 through 9 September 1983 and he was issued a DD Form 214 that captured this period of active duty.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.

	b.  Subsequent to his release date, the applicant did not complete any periods of active duty.  Even if he were on active duty for any period, this period could not be added to his previously-issued DD Form 214 because the periods would not be continuous.

	c.  The issuance of a separate DD Form 214 would have required performance of at least 90 days of active duty.  There is no evidence he performed any other period of active duty of at least 90 consecutive days which would have qualified him for the issuance of a DD Form 214.  In view of the foregoing evidence, there is no basis for granting the applicant's 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 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 adding the Army Commendation Medal to item 13 of his September 1983 DD Form 214. 

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:

* reflecting his November 1992 honorable discharge
* showing award of the Army Achievement Medal
* reflecting his U.S. Army Reserve service on his 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)                                         AR20110005725



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ABCMR Record of Proceedings (cont)                                         AR20110005725



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