IN THE CASE OF:
BOARD DATE: 27 March 2012
DOCKET NUMBER: AR20110019217
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 (ARCOM) and Drill Sergeant Badge (DSB) be added to his 10 April 1998 DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states he earned the ARCOM and DSB and would like them added to his 1998 DD Form 214.
3. The applicant provides a DA Form 638 (Recommendation for Award), dated
9 February 1998, and a Drill Sergeant School Graduation Certificate in support of his application
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 applicants record shows he served on active duty in the Regular Army from 13 August 1987 through 13 August 1991, and in both the Army National Guard (ARNG) and United States Army Reserve (USAR) from 13 August 1991 through 23 April 2012, at which time he was honorably discharged from the USAR.
3. The applicants record contains a copy of page 1 of a DA Form 638 dated
9 February 1998. This document indicates he was recommended for award of the ARCOM for the period 18 August 1997 through 21 February 1998.
4. On 17 July 1997, while a member of the ARNG, the applicant was ordered to active duty in support of Operation Joint Endeavor. He served for 8 months and 24 days until 10 April 1998, at which time he was honorably released from active duty in the rank of sergeant/E-5. The DD Form 214 he was issued at the time does not include the ARCOM or DSB.
5. The applicant provides complete copy of the 9 February 1998 DA Form 638 that shows he was awarded the ARCOM for his meritorious service in support of Operation Joint Guard during the period 18 August 1997 through 21 February 1998. This document further shows this award was authorized and announced in official orders. He also provides a Drill Sergeant School graduation certificate that indicates he completed a Drill Sergeant course on 22 July 2000.
6. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It also establishes standardized policy for preparing and distributing the DD Form 214. The regulation stipulates a DD Form 214 is a summary of a period of active duty service. There are no provisions providing for adding awards or other accomplishments completed subsequent to the period of service covered by a DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicants request to add the ARCOM and DSB to his 10 April 1998
DD Form 214 has been carefully considered and found to have partial merit.
2. The evidence of record confirms the applicant was awarded the ARCOM for meritorious service in support of Operation Joint Guard; that the award was approved by proper authority; and was announced in official orders, as evidenced by the partial DA Form 638 in the record and the complete DA Form 638 provided by the applicant. As a result, it would be appropriate to add this award to the DD Form 214 in question.
3. By regulation, a DD Form 214 is a summary of a given period of active duty service and there are no provisions that allow for adding awards or other accomplishments completed by members subsequent to the period covered by the DD Form 214. As a result, given the certificate provided by the applicant shows he completed the Drill Sergeant course in 2000, subsequent to his release from active duty in 1998, it would not be appropriate to add this award to his 1998 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 his 10 April 1998 DD Form 214.
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 Drill Sergeant Badge to his 1998 DD Form 214.
_______ _ 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) AR20110019217
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ABCMR Record of Proceedings (cont) AR20110019217
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