BOARD DATE: 25 September 2012
DOCKET NUMBER: AR20120004808
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 all of the awards to which he is entitled.
2. The applicant states additional awards and medals were awarded after his discharge.
3. The applicant provides:
* North Carolina Department of Administration Letter, dated 28 February 2012
* DD Form 214, dated 17 April 2005
* Permanent Orders 054-010, dated 23 February 2004
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 available records show that the applicant enlisted in the Regular Army on 17 October 1989. He completed training as an M1 Abrams Armor Crewman.
3. After completing 1 year, 2 months, and 29 days of net active service this period, he was discharged on 15 January 1991.
4. The DD Form 214 he received for this period of service shows the following awards:
* Army Service Ribbon
* Marksman Marksmanship Qualification Badge with 9mm Pistol Bar
* Marksman Marksmanship Qualification Badge with Grenade Bar
5. On 22 June 2000, the applicant enlisted in the North Carolina Army National Guard (NCARNG) for 7 years. He was ordered active duty in support of Operation Iraqi Freedom, effective 1 October 2003.
6. The applicant arrived in Iraq on 27 February 2004. He participated in the following two campaigns:
* Transition of Iraq from 2 May 2003 to 28 June 2004
* Iraqi Governance from 29 June 2004 to 15 December 2005
7. The applicant departed Iraq en-route to the United States on 28 August 2004. He was discharged from the Army with severance pay on 17 April 2005, under the provisions of Army Regulation 635-40, paragraph 4-24B(3), due to a disability. He had completed 1 year, 6 months, and 17 days of net active service this period. His DD Form 214 shows the following awards:
* National Defense Service Medal
* Global War on Terrorism Expeditionary Medal
* Global War on Terrorism Service Medal
* Armed Forces Reserve Medal with "M" Device
* Army Service Ribbon
8. Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214. It provides that the DD Form 214 will be prepared to reflect an individual's service, as it exists on the date of release from active duty, discharge, or retirement. It states all decorations, medals, badges, citations and campaign ribbons awarded or authorized for all periods of service will be entered in item 13.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions have been noted. His supporting evidence has been considered.
2. He is not authorized any additional awards that were issued after his discharge.
3. His DD Form 214, dated 17 April 2005, does not show the Marksman Marksmanship Qualification Badge with Pistol and Grenade Bars that is reflected on his DD Form 214, dated 15 January 1991. According to the applicable regulation, his DD Form 214 should be amended to reflect all of his awards.
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 amending his DD Form 214, dated 17 April 2005, to add the Marksman Marksmanship Qualification Badge with Pistol and Grenade Bars.
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 amending his DD Form 214 to show awards issued after his discharge.
_______ _ 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) AR20120004808
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