IN THE CASE OF:	  

		BOARD DATE:	  20 September 2012

		DOCKET NUMBER:  AR20120003316 


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 (Certificate of Release or Discharge from Active Duty) to show the Army Achievement Medal and the correct number of years he served in his military occupational specialty (MOS).

2.  The applicant states the Army Achievement Medal was omitted from his
DD Form 214 and he served in MOS 91W (health care specialist) for a period of 2 years.

3.  The applicant provides:

* Information Paper for Enclosed Documents, dated 24 September 2009
* DD Form 214 for the period ending 12 March 2004
* DA Form 638 (Recommendation for Award), dated 5 December 2005
* DD Form 214 for the period ending 3 March 2006

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 enlisted in the California Army National Guard (CAARNG) for 8 years on 25 July 2003.  He was ordered to active duty for training (ADT) on 18 August 2003.  Upon completion of training, Orders 034-290, issued by Headquarters, U.S. Army Medical Department Center and School, Fort Sam Houston, TX, dated 3 February 2004, awarded him MOS 91W, effective
12 March 2004.

3.  On 12 March 2004, the applicant was released from ADT and transferred back to his CAARNG unit.

4.  On 7 November 2004, the applicant was ordered to active duty in support of Operation Enduring Freedom (OEF).

5.  On 5 December 2005, the applicant's company commander completed a
DA Form 638 recommending the applicant for award of the Army Achievement Medal for outstanding service as a Medic as part of Headquarters and Headquarters Company, Task Force 3-160 Infantry, Multinational Forces and Observers 48, Sinai, Egypt from 7 November 2004 through 21 January 2006.  The DA Form 638 shows the applicant's battalion recommended approval; however, Part V – Orders Data, is incomplete in that:

* item 27b (Permanent Order Number) is blank
* item 29 (Approved Award) is blank
* item 28d (Signature) of the orders approval authority is blank
* item 30 (Date) of the orders approval authority signature is blank

6.  The applicant was honorably released from active duty on 3 March 2006 at the completion of required active service.  The DD Form 214 he was issued at the time shows in:

* item 11 (Primary Specialty) the entry "91W1O  Health Care Specialist –    1 YRS 3 MOS"
* item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) no entry for the Army Achievement Medal

7.  Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214.  It states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.  It states that the titles of all MOS's served in for at least 1 year will be entered in item 11 and will include the number of years and months served.  For time determinations, 16 days or more count as a month.

8.  Army Regulation 600-8-22 (Military Awards) states the Army Achievement Medal is awarded to any member of the armed forces of the United States, who while serving in a noncombat area on or after 1 August 1981, distinguished themselves by meritorious service or achievement.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been noted and his supporting evidence has been considered.

2.  Orders awarded him MOS 91W effective 12 March 2004.  Upon completion of training he was returned to his CAARNG unit.  He was subsequently ordered to active duty on 7 November 2004 in support of OEF.  He was released from active duty on 3 March 2006.

3.  According to the applicable regulation, the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  For time determinations, 16 days or more count as a month.  His DD Form 214 covers his period of active duty from 7 November 2004 through 3 March 2006, which is 1 year, 3 months, and 26 days.  Therefore, his DD Form 214 for the period ending 3 March 2006 should be corrected to show he served in MOS 91W for 1 year and 4 months.

4.  Although the applicant provides a DA Form 638 completed by his company commander recommending his award of the Army Achievement Medal, the orders data section of the DA Form 638 is incomplete.  Therefore, there is an insufficient evidentiary basis for granting this portion of his request.

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 deleting from item 11 of his DD Form 214 for the period ending 3 March 2006 the current entry and replacing it with the entry "91W1O  HEALTH CARE SPECIALIST- 1 YR  4 MOS//NOTHING FOLLOWS//."

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 Army Achievement Medal to item 13 of his DD Form 214 for the period ending 3 March 2006 or to show he served in MOS 91W for 2 years.



      ____________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)                                         AR20120003316



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120003316



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1