IN THE CASE OF:	   

		BOARD DATE:	  20 December 2011

		DOCKET NUMBER:  AR20110012874 


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 show his home of record (HOR) as Port Lavaca, TX.  He further requests correction of his DD Form 214 to show two awards of the Army Commendation Medal (ARCOM), three awards of the Army Achievement Medal (AAM), and one award of the Army Good Conduct Medal (AGCM).

2.  The applicant states the HOR on his DD Form 214 is incorrect and his awards are not listed on his DD Form 214.

3.  The applicant provides no additional evidence.

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 U.S. Army Reserve (USAR) Delayed Entry Program (DEP) for a period of 8 years on 14 March 1996.  He was discharged from the USAR DEP on 30 April 1996 and he enlisted in the Regular Army on
1 May 1996 for a period of 3 years.  His record on the interactive Personnel Electronic Records Management System (iPERMS) contains a DD Form 4 (Enlistment/Reenlistment Document) that shows in item 3 (HOR) the same address in Nashville, AR as shown in item 7b (HOR at Time of Entry) on his
DD Form 214.

3.  On 24 June 1998, the applicant reenlisted for a period of 4 years.  His iPERMS record contains a DD Form 4 that shows in item 3 the same address in
Nashville, AR as show on his initial DD Form 4 and his DD Form 214.

4.  Section J (Personal/Family Data), item J10 (HOR) of his Enlisted Record Brief (ERB), dated 29 September 2000, shows Arkansas as his HOR.

5.  Permanent Orders Number 67-2, issued by B Detachment, 4th Personnel Services Battalion, Fort Carson, CO, dated 8 March 1999, awarded him the AGCM (1st Award) for the period 1 May 1996 to 30 April 1999.

6.  His Official Military Personnel File (OMPF) contains a certificate that shows he was awarded the AAM for meritorious achievement during Operation Warrior Fury for the period 2 January to 3 February 2000 by Permanent Orders Number 031-17, dated 31 January 2000, issued by the 3rd Battalion, 29th Field Artillery.

7.  His OMPF also contains a certificate that shows he was awarded the ARCOM for meritorious achievement during Operation Warrior Fury for the period
3 January to February 2000 by Permanent Orders Number 031-20, issued by Headquarters, 3rd Brigade Combat Team, 4th Infantry Division, Fort Carson, CO.

8.  He was honorably discharged on 25 February 2001 by reason of disability with severance pay.  He completed 4 years, 9 months, and 25 days of creditable active service.  The DD Form 214 he was issued at the time shows in:

* item 7b the same address in Nashville (misspelled), AR as shown on his two DD Forms 4
* item 19a (Mailing Address After Separation) an address in Port Lavaca, TX
* item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the ARCOM, Army Lapel Button, and the Army Service Ribbon

9.  There are no orders or any other evidence in his OMPF, such as DA Forms 638 (Recommendation for Award), showing he was awarded two awards of the ARCOM or three awards of the AAM.  There is also no evidence showing his HOR as Port Lavaca, TX.

10.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It states for:

	a.  item 7b, enter the street, city, state and ZIP code listed as a Soldier’s HOR. “Home of Record” is the place recorded as the HOR of the Soldier when commissioned, appointed, enlisted, or ordered to a tour of active duty.  This cannot be changed unless there is a break in service of at least 1 full day.
A Soldier's HOR is not always the same as the legal domicile as defined for income tax purposes.  Legal domicile may change during a Soldier’s career.

	b.  item 13, enter awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 (Military Awards) entry will be verified by the Soldier’s records.

	c.  item 19a, enter the mailing address after separation provided by the Soldier.  This address must be a permanent address.

11.  Army Regulation 600-8-22 states:

	a.  the ARCOM may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service.

	b.  the AAM Medal is awarded to members of the Armed Forces of the United States, who while serving in a noncombat area on or after 1 August 1981, distinguished themselves by meritorious service or achievement.

	c.  in paragraph 1-19 (Duplication of Awards) that only one decoration will be awarded to an individual or unit for the same act, achievement, or period of meritorious service.

	d.  in paragraph 1–20 (Interim Awards and Awards of a Lesser Decoration) that to ensure a deserving act, achievement, or service receives recognition, the appropriate authority may promptly award a suitable lesser military decoration pending final action on a recommendation for a higher award.  When a higher award is approved, the approving authority will revoke the interim award using a separate order.  The decoration will be returned by the recipient.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to show his HOR as Port Lavaca, TX, two awards of the ARCOM, three awards of the AAM, and the AGCM has been carefully reviewed.

2.  Permanent orders show he was awarded the AGCM (1st Award).  Therefore, he is entitled to correction of his DD Form 214 to show this award.

3.  His DD Forms 4 and ERB show his HOR as an address in Nashville, AR.  There is no evidence of record and he did not provide any evidence substantiating his claim that the HOR shown on his DD Form 214 is incorrect and should show an address in Port Lavaca, TX.  Although the applicant provided an address in Port Lavaca, TX for item 19a of his DD Form 214, it does not change the HOR at the time of entry into military service.  Additionally, since he did not have a break in service he was ineligible to change his HOR at any time.  Therefore, there is no basis for granting this portion of his request.

4.  Evidence shows he was awarded the ARCOM and the AAM, for the same meritorious achievement during the same period of time in support of Operation Warrior Fury.  The military awards regulation provides that only one decoration will be awarded to an individual for the same act, achievement, or period of service.  It further states that an interim award of a suitable lesser military decoration (e.g. the AAM) may promptly be awarded pending final action on a recommendation for a higher award (e.g. the ARCOM).  When a higher award is approved, the approving authority will revoke the interim award using a separate order.  It appears that the AAM was awarded to him as an interim award pending final decision on the recommendation for the ARCOM.  After being awarded the ARCOM, it is presumed that Permanent Orders Number 031-17, dated 
31 January 2000, which awarded him the AAM, was properly revoked.  Therefore, the AAM for the period 2 January to 3 February 2000 should not be added to his DD Form 214.

5.  Based on the above and the fact that there is no evidence in his OMPF or iPERMS record that shows he was awarded any additional awards of the ARCOM or the AAM, there is no basis for granting this portion of his request.

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 to item 13 of his DD Form 214 the Army Good Conduct Medal
(1st Award).

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 correcting his DD Form 214 to show a home of record in Port Lavaca, TX, an additional award of the Army Commendation Medal, and any awards of the Army Achievement Medal.




      ____________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)                                         AR20110012874



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ABCMR Record of Proceedings (cont)                                         AR20110012874



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