IN THE CASE OF:
BOARD DATE: 13 December 2011
DOCKET NUMBER: AR20110011739
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 the Army Commendation Medal and Arizona Service Ribbon be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 9 May 1991.
2. The applicant states:
* It was an administrative error in not listing the Army Commendation Medal
* He was awarded the Arizona Service Ribbon
* He is confused as to why the Arizona Service Ribbon is referred to on the DD Form 215 (Correction to DD Form 214) when it was listed on his
DD Form 214
3. The applicant provides:
* Orders and an award certificate for the Army Commendation Medal
* Officer Record Brief
* Letter, dated 13 October 1997
* DD Form 215, dated 20 March 1992
* DD Form 214 for the period ending 9 May 1991
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 was ordered to active duty from the U.S. Army Reserve on
11 February 1991. He served as a military police officer. On 9 May 1991, he was released from active duty.
3. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for the period ending 9 May 1991 shows the:
* Army Service Ribbon
* Sharpshooter Marksmanship Qualification Badge with Pistol Bar
* Arizona Service Ribbon
* Army Lapel Button
* Army Achievement Medal
* National Defense Service Medal with one bronze service star
* Expert Marksmanship Qualification Badge with Rifle Bar
4. Orders, dated 23 July 1980, show he received the Army Commendation Medal.
5. A DD Form 215, dated 20 March 1992, amended, among other entries, item 13 of his DD Form 214 for the period ending 9 May 1991 by deleting the Arizona Service Ribbon.
6. Army Regulation 600-8-22 (Military Awards) does not show the Arizona Service Ribbon as an authorized award.
DISCUSSION AND CONCLUSIONS:
1. Orders show the applicant received the Army Commendation Medal. His
DD Form 214 for the period ending 9 May 1991 should be corrected to show this medal.
2. Evidence shows the Arizona Service Ribbon was listed in item 13 of his
DD Form 214 for the period ending 9 May 1991; however, it was removed from this DD Form 214 in 1992 (DD Form 215). Most likely this ribbon was removed from his DD Form 214 because it is not an authorized award in the governing awards regulation. For that reason, there is no basis for granting his request to add this ribbon to his DD Form 214.
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 DD Form 214 for the period ending 9 May 1991.
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 adding the Arizona Service Ribbon to his DD Form 214 for the period ending 9 May 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) AR20110011739
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ABCMR Record of Proceedings (cont) AR20110011739
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