IN THE CASE OF:
BOARD DATE: 29 May 2012
DOCKET NUMBER: AR20110023615
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:
a. correction of several dates shown on his permanent orders for the Army Achievement Medal (AAM); and
b. he be issued an Honorable Discharge Certificate.
2. The applicant states:
a. the dates of his meritorious service for the AAM shown in the citation of his permanent orders should be 21 September 1996 through 19 December 1997.
b. the AAM was awarded on 30 January 1998 not 30 January 1997.
c. he never received his discharge certificate.
3. The applicant provides:
* Orders for the AAM
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
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 applicant enlisted in the Regular Army (RA) on 1 May 1996 for a period of 3 years in pay grade E-2. He completed his training and was awarded military occupational specialty 77F (petroleum supply specialist). On 18 January 1998, he was honorably discharged by reason of disability (severance pay) in pay grade E-2.
3. His DD Form 214 does not show the AAM as an authorized award.
4. He provided a copy of Permanent Orders Number 30-07, dated 30 January 1998, which show he received the AAM. The citation for this medal states:
a. "FOR MERITORIOUS SERVICE FROM 21 SEPTEMBER 1997 TO
19 DECEMBER 1997, AS A HEAVY WHEEL VEHICLE OPERATOR IN THE SUPPORT PLATOON, HHC 1-77 AR BN (Armor Regiment Battalion)."
b. "FROM: 21 SEPTEMBER 1997 THRU: 19 DECEMBER 1997"
c. "GIVEN UNDER MY HAND IN THE CITY OF WASHINGTON THIS 30TH DAY OF JANUARY 1997"
5. There is no evidence of record which shows he was cited for the AAM for his full tour.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his dates of meritorious service for the AAM are incorrect on his permanent orders and should be 21 September 1996 through
19 December 1997.
2. Evidence shows he enlisted in the RA in pay grade E-2 in 1996 and he was discharged in 1998 in pay grade E-2.
3. Since meritorious service awards can be given for any period of time (from
1 day to a full tour with a unit), and there is no evidence of record which shows he was cited for the AAM for his full tour vice the last 3 months of his tour, there is insufficient evidence on which to amend his dates of meritorious service for the AAM.
4. He contends the AAM was awarded on 30 January 1998 and the citation shows he received the medal on 30 January 1997. Since the permanent orders for the AAM are dated 30 January 1998, it would be appropriate to correct the entry "GIVEN UNDER MY HAND IN THE CITY OF WASHINGTON THIS 30TH DAY OF JANUARY 1997" to show the entry "GIVEN UNDER MY HAND IN THE CITY OF WASHINGTON THIS 30TH DAY OF JANUARY 1998" on the AAM certificate.
5. He contends he never received his Honorable Discharge Certificate. Since evidence shows he was honorably discharged from the RA on 18 January 1998, and based on his request, he should be issued an Honorable Discharge Certificate, dated 18 January 1998.
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:
a. deleting the entry "GIVEN UNDER MY HAND IN THE CITY OF WASHINGTON THIS 30TH DAY OF JANUARY 1997" and replacing it with the entry "GIVEN UNDER MY HAND IN THE CITY OF WASHINGTON THIS 30TH DAY OF JANUARY 1998" on the AAM certificate; and
b. issuing him an Honorable Discharge Certificate, dated 18 January 1998.
2. The Board further determined that the evidence presented was 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 amending the dates of meritorious service on the AAM certificate to show 21 September 1996 through 19 December 1997.
__________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) AR20110023615
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110023615
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