IN THE CASE OF:
BOARD DATE: 24 April 2012
DOCKET NUMBER: AR20110021197
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 records to show the Army Commendation Medal (1st Oak Leaf Cluster (OLC)), Senior Explosive Ordnance Disposal Badge, and Overseas Service Ribbon (2nd Award).
2. He states he received the above awards and documentation. He also completed sufficient overseas service to qualify for a second award of the Overseas Service Ribbon.
3. He provides:
* his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 4 September 1994
* two Army Commendation Medal certificates
* a DA Form 638-1 (Recommendation for Award (For Other Than Valor) of Army Achievement Medal, Army Commendation Medal, and Meritorious Service Medal)
* Florida Army National Guard Permanent Orders 12-9
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. His military records show he enlisted in the Regular Army on 10 March 1988. He was awarded the military occupational specialty of 96E (Ground Surveillance Systems Operator). He reenlisted for a period of 3 years on 5 August 1991. The highest rank/grade he held was sergeant/E-5.
3. Permanent Orders Number 063-1, dated 14 September 1994, awarded him the Army Commendation Medal for meritorious service from 10 August 1993 to 30 June 1994.
4. DA Form 2-1 (Personnel Qualification Record) shows the Overseas Service Ribbon (2d Award).
5. He was honorably released from active duty on 4 September 1994 and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining Reserve obligation. He completed 6 years, 5 months, and 25 days of creditable active service. His DD Form 214 for this period does not show any of the requested awards.
6. He enlisted in the Army National Guard for a period of 6 years on 14 October 1997.
7. Permanent Orders Number 8-4, dated 11 September 2000, awarded him the Army Commendation Medal (1st OLC).
8. Florida Army National Guard Permanent Orders 12-9, dated 3 December 2002, awarded him the Senior Explosive Ordnance Disposal Badge.
9. Army Regulation 635-5 (Separation Documents) states a DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty service. It provides a brief, clear-cut record of active service at the time of release from active duty, retirement, or discharge. The awards and decorations entered will include those from prior periods of service.
DISCUSSION AND CONCLUSIONS:
1. Permanent orders awarded him the Army Commendation Medal for meritorious service from 10 August 1993 to 30 June 1994. As such, he is entitled to have this award added to his DD Form 214 in question.
2. His DA Form 2-1 shows the Overseas Service Ribbon (2d Award). As such, he is entitled to have this award added to his DD Form 214 in question.
3. The Senior Explosive Ordnance Disposal Badge was awarded for a period after issuance of his DD Form 214. Therefore, he is not entitled to have this award added to his DD Form 214 in question.
4. His Army Commendation Medal (1st OLC) was awarded for service after issuance of his DD Form 214. Therefore, he is not entitled to have this award added to his DD Form 214 in question.
5. In view of the foregoing, he is entitled to have his records corrected as shown below.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___X___ ___X____ ___X____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined 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 amending his DD Form 214 for the period ending 4 September 1994 by adding the:
* Army Commendation Medal
* Overseas Service Ribbon (2nd Award)
2. The Board further determined 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 Army Commendation Medal (1st OLC) and Senior Explosive Ordnance Disposal Badge to his DD Form 214 for the period ending 4 September 1994.
__________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) AR20110021197
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ABCMR Record of Proceedings (cont) AR20110021197
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