IN THE CASE OF:
BOARD DATE: 27 March 2012:
DOCKET NUMBER: AR20110018743
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 the:
* Meritorious Service Medal
* Army Commendation Medal
* Army Achievement Medal with two Oak Leaf Clusters
2. The applicant states he earned these awards during his service and his DD Form 214 does not show these awards. He wants his record to be complete and the authority to display these personal achievements.
3. The applicant provides:
* a Meritorious Service Medal Certificate with orders number
* an Army Commendation Medal Certificate
* three Army Achievement Medal Certificates
* his DD Form 214
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 retired from the North Dakota Army National Guard (NDARNG) in the rank/grade of staff sergeant (SSG)/E-6.
3. His record shows he last served on active duty from 14 July 1966 until he was released from active duty (REFRAD) on 22 April 1968.
4. As a member of the NDARNG he received the:
a. Meritorious Service Medal for the period 16 May 1984 to 19 March 2004;
b. Army Commendation Medal for the period 1 June through 1 July 1988; and
c. three awards of the Army Achievement Medal for period 1 June to 14 June 1984, 1 June to 1 July 1988, and 1 June 1989 through 15 June 1990.
5. Army Regulation 635-5 (Separation Documents), in effect at the time, states in paragraph 2-1 that the DD Form 214 is a summary of a Soldiers most recent period of continuous active duty. It provides a brief, clear cut record of active duty service at the time of release from active duty, retirement, or discharge. It further states for item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) to enter decorations, etc., awarded or authorized during the period covered by the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. Records show the applicant last served on active duty from July 1966 to April 1968 for which he was issued a DD Form 214. None of the awards he requested to be added to his DD Form 214 were awarded during the period covered by the DD Form 214.
2. Inasmuch that the applicant was not awarded or authorized the awards at the time of his REFRAD, he is not entitled to correction of his DD Form 214 for the period ending 22 April 1968 to show the requested awards.
3. In view of the foregoing, there is no basis for granting the applicant's requested relief.
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) AR20100017784
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ABCMR Record of Proceedings (cont) AR20110018743
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