BOARD DATE: 3 November 2011
DOCKET NUMBER: AR20110010143
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 (Armed Forces of the United States Report of Transfer or Discharge) to show his Certificate of Achievement.
2. He states the certificate was presented to him after his separation and preparation of his DD Form 214.
3. He provides his DD Form 214, a 2010-2011 Professional Performance Summative Evaluation Form, a letter from his former commanding officer, and his Certificate of Achievement.
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 was inducted into the Army of the United States on 7 September 1966. He served in Thailand from 30 January 1967 to 6 August 1968.
3. The applicant was released from active duty on 7 August 1968.
4. He was awarded a Certificate of Achievement, dated 14 August 1968. In a letter, dated 20 August 1968, the applicant's former commanding officer stated he had forwarded the 29th Signal Group Certificate of Achievement to him. The commanding officer apologized for the delay and that he could not have presented the certificate to him in person.
5. Army Regulation 635-5 (Separation Documents) states to list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 (Military Awards).
6. Army Regulation 600-8-22 prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards and prescribes the order of precedence for awards and decorations. Only decorations, medals, and ribbons are listed. Certificates of achievement, letters of appreciation, and similar documents are not listed.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for correction of his records to show his Certificate of Achievement is acknowledged.
2. However, based on Army Regulation 635-5 and Army Regulation 600-8-22, Certificates of Achievement are not recorded on the DD Form 214.
3. Therefore, he not entitled to correction of his DD Form 214 to add this certificate.
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 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) AR20110010143
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ABCMR Record of Proceedings (cont) AR20110010143
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