IN THE CASE OF:
BOARD DATE: 13 December 2011
DOCKET NUMBER: AR20110009414
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) for the period ending 25 August 1991 to show award of two Army Commendation Medals, an Army Achievement Medal, and the Expert Field Medical Badge.
2. He states he would like to have his DD Form 214 corrected for his current enlistment in the United States Public Health Service.
3. He provides:
* his DD Form 214
* a DA Form 638-T (Recommendation for Award of Meritorious Service Medal and Below), dated 31 December 1990
* an Army Commendation Medal certificate, dated 31 December 1990
* DA Form 638-1 (Recommendation for Award (For Other Than Valor) of Army Achievement Medal, Army Commendation Medal, and Meritorious Service Medal), dated 19 April 1991
* an Army Commendation Medal certificate, dated 18 April 1991
* NGB Form 22 (National Guard Bureau Report of Separation and Record of Service)
* Expert Field Medical Badge 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 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's military records show that he enlisted in the Regular Army on 7 January 1988. He completed training and was awarded the military occupational specialty of medical specialist.
3. He was honorably released from active duty on 25 August 1991. He completed 3 years, 7 months, and 19 days of creditable active service.
4. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued for this period shows the Army Service Ribbon, National Defense Service Medal, Army Lapel Button, Southwest Asia Service Medal with two Bronze Service Stars, Parachutist Badge, Humanitarian Service Medal, Sharpshooter Marksmanship Qualification Badge with Rifle and Grenade Bars, and Driver and Mechanic Badge.
5. His records contain an Army Achievement Medal certificate dated 3 March 1989.
6. His records contain an Expert Field Medical Badge certificate dated 8 December 1989.
7. He provided a DA Form 638-T and an Army Commendation Medal certificate showing he was awarded the Army Commendation Medal on 31 December 1990 by Permanent Order Number 18-001.
8. He provided a DA Form 638-1 and an Army Commendation Medal certificate showing he was awarded the Army Commendation Medal on 18 April 1991 by Permanent Order Number 75-299.
9. Army Regulation 600-8-22 (Military Awards) provides that the Army Achievement Medal is awarded to any member of the Armed Forces of the United States, on or after 1 August 1981, who distinguished himself or herself by meritorious service or achievement of a lesser degree than required for award of the Army Commendation Medal.
10. Army Regulation 600-8-22 states award of the Expert Field Medical Badge requires that an individual must have satisfactorily completed the prescribed proficiency tests.
DISCUSSION AND CONCLUSIONS:
1. He provided documents showing he was awarded two Army Commendation Medals by permanent orders. Therefore, it would be appropriate to add the Army Commendation Medal 2nd Award to his DD Form 214.
2. There are no orders showing he was awarded the Army Achievement Medal. However, his records contained a copy of an Army Achievement Medal certificate. As such, it would be appropriate to add this medal to his DD Form 214.
3. His records show he was awarded the Expert Field Medical Badge. Therefore, he is entitled to have this badge added to his DD Form 214.
4. In view of the foregoing, the applicant 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 Department of the Army records of the individual concerned be corrected by adding the Army Commendation Medal 2nd Award, Army Achievement Medal, and Expert Field Medical Badge to his DD Form 214 for the period ending 25 August 1991.
_______ _ _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) AR20110009414
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