IN THE CASE OF:
BOARD DATE: 21 June 2012
DOCKET NUMBER: AR20120000141
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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the Army Commendation Medal.
2. The applicant states the award is not listed on her DD Form 214.
3. The applicant provides:
* DD Form 214
* Certificate for completion Basic Combat Training
* Certificate for completion of the Station Technical Controller Course
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 on 28 January 1985. She completed basic combat and advanced individual training and she was awarded military occupational specialty 32D (Station Technical Controller).
3. Item 9 (Awards, Decorations, and Campaigns) of her DA Form 2-1 (Personnel Qualification Record) shows she was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).
4. She was honorably released from active duty on 27 January 1988. Her
DD Form 214 shows the Army Service Ribbon.
5. Permanent Orders Number 14-3, issued by Headquarters, U.S. Army Information Signal Command, Washington, DC, awarded her the Army Commendation Medal for service from 24 February 1987 to 22 January 1988.
DISCUSSION AND CONCLUSIONS:
1. Permanent orders awarded her the Army Commendation Medal which is not shown on her DD Form 214; therefore, she is entitled to correction of her
DD Form 214 to show this award.
2. Her records show she was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) which is not shown on her DD Form 214; therefore, she is entitled to correction of her DD Form 214 to show 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 adding to her DD Form 214 the:
* Army Commendation Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
_______ _ _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) AR20120000141
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20120000141
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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