BOARD DATE: 22 March 2012
DOCKET NUMBER: AR20110017746
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 he was awarded the Combat Medical Badge in lieu of the Combat Medal Badge.
2. The applicant states the incorrect award was entered on his DD Form 214.
3. The applicant provides his DD Form 214 and Officer Record Brief (ORB).
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. Having had prior service, the applicant's available records show he was appointed as a Reserve commissioned officer and executed an oath of office on 14 January 1977.
3. He entered active duty on 1 July 1977 and served in a variety of stateside and/or overseas assignments and he attained the rank of captain (CPT). Section VIII (Awards and Decorations) of his ORB shows he was awarded multiple awards, among which the Combat Medical Badge.
4. He was honorably retired on 15 September 1987 by reason of physical disability and he was placed on the retired list in his retired grade of CPT on 16 September 1987. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows multiple awards including the Combat Medical Badge. However, this badge is shown as the "Combat Medal Badge."
DISCUSSION AND CONCLUSIONS:
The applicant was awarded the Combat Medical Badge. His DD Form 214 inadvertently listed this award as the Combat Medal Badge. Therefore, he is entitled to correction of his DD Form 214 to show the correct spelling of this badge.
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 all Department of the Army records of the individual concerned be corrected by deleting from his DD Form 214 the entry "Combat Medal Badge" and adding the entry "Combat Medical Badge."
_______ _ 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) AR20110017746
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ABCMR Record of Proceedings (cont) AR20110017746
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