IN THE CASE OF:
BOARD DATE: 25 OCTOBER 2012
DOCKET NUMBER: AR20120008398
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 award of the Gold Recruiter Badge with three Sapphire Achievement Stars.
2. The applicant states the award of the Gold Recruiter Badge with three Sapphire Achievement Stars was not included on his DD Form 214 at the time of his separation.
3. The applicant provides copies of documents awarding him the Gold Recruiter Badge with three Sapphire Achievement Stars.
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 Regular Army on 26 June 1996. He completed his training as a combat engineer and remained on active duty through a series of continuous reenlistments.
3. In May 2002, he completed the 6-week Army Recruiter Course and was assigned to the Army Recruiting Battalion in Phoenix, Arizona. He was promoted to pay grade E-6 on 1 September 2003.
4. On 2 December 2005, he was awarded the Gold Recruiter Badge with three Sapphire Achievement Stars for the period 13 September to 14 November 2005.
5. On 16 January 2006, he was honorably discharged due to completion of required service. He completed 9 years, 6 months, and 21 days of active service. His DD Form 214 does not reflect his award of the Gold Recruiter Badge with three Sapphire Achievement Stars.
6. 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 information as it exists in the official records at the time of separation.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his award of the Gold Recruiter Badge with three Sapphire Achievement Stars should be added to his DD Form 214 has been noted and found to have merit.
2. It appears that the applicant received the award just prior to his discharge and in all likelihood it did not reach his records in time to be added to his DD Form 214.
3. Accordingly, his award of the Gold Recruiter Badge with three Sapphire Achievement Stars should be added to his DD Form 214 at this time.
BOARD VOTE:
___X____ ____X __ ____X___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined the evidence presented is 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 award of the Gold Recruiter Badge with three Sapphire Achievement Stars to his DD Form 214.
2. The Board wants the applicant and all others to know the sacrifices he made in service to the United States are deeply appreciated. The applicant and all Americans should be justifiably proud of his service in arms.
_______ _ 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) AR20120008398
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20120008398
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2008 | 20080008906
Application for correction of military records (with supporting documents provided, if any). The applicant requests that his 29 September 1995 DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected by removing the designation of award of a gold ring on his Recruiter Badge. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by removing the notation of a "Gold Ring" on his U.S. Army Gold Recruiter Badge...
ARMY | BCMR | CY2010 | 20100007243
Application for correction of military records (with supporting documents provided, if any). Paragraph 2-17 contains guidance on award of the ICM and states a bronze service star is authorized with this award for each campaign a member is credited with participating in while serving in Iraq. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending item 13 of his DD Form 214 by deleting the ICM entry and adding the...
ARMY | BCMR | CY2010 | 20100028088
The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Legion of Merit, Army Superior Unit Award (2nd Award), U.S. Army Gold Recruiter Badge with three sapphire achievement stars, and Shoulder Sleeve Insignia-Former Wartime Service (SSI-FWTS) unit patch. Permanent orders awarded the U.S. Army Sergeants Major Academy the Army Superior Unit Award for the period 1 September 2008 to 31 October 2009. a. Thus,...
ARMY | BCMR | CY2009 | 20090011540
The applicant requests removal of the following duplicate documents from his Official Military Personnel File (OMPF): a. duplicate orders awarding him the Good Conduct Medal (2nd Award); b. duplicate orders awarding him the Good Conduct Medal (4th Award); and c. duplicate memoranda, dated 10 August 2003, awarding him the Gold Recruiter Badge with three sapphire achievement stars. The evidence of record shows that the applicant was issued two sets of orders awarding him his second award of...
ARMY | BCMR | CY2009 | 20090008237
There is no evidence of record nor did the applicant submit any evidence that shows he was awarded the Basic Recruiter Badge, the gold achievement stars, or the sapphire achievement stars that are authorized for wear with the Basic Recruiter Badge. A review of the applicant's records show that he is not entitled to or authorized correction of his record to show any other awards or decorations. As a result, the Board recommends denial of so much of the application that pertains to award of...
ARMY | BCMR | CY2010 | 20100020302
Application for correction of military records (with supporting documents provided, if any). Army Regulation 600-8-22 (Military Awards) does not show the "Gold Recruiting Ring" as an authorized award. Since the governing awards regulation does not show the "Gold Recruiting Ring" as an authorized award, there is no basis for granting his request to add this ring to his DD Form 214.
ARMY | BCMR | CY2014 | 20140002368
Army Regulation 600-8-22 states the Iraq Campaign Medal is awarded to members who have served in direct support of Operation Iraqi Freedom during the period 19 March 2003 through 31 December 2011. Army Regulation 600-8-22 states the Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea. As a result, the Board recommends that all Department of the Army records...
ARMY | BCMR | CY2013 | 20130004901
The Drill Sergeant Identification Badge is awarded upon successful completion of the Drill Sergeant Course and assignment as a drill sergeant to a training command. The evidence of record shows the applicant served in Korea during a qualifying period of service for entitlement to the Korea Defense Service Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to his DD Form 214 ending on 31 March 1998 the: * Drill...
ARMY | BCMR | CY2012 | 20120020576
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. His DD Form 214 currently lists the Kuwait Liberation Medal with no clear indication of who issued or awarded it. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending...
ARMY | BCMR | CY2010 | 20100024062
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Meritorious Service Medal and the Army recruiter ring. The applicant provides: * DD Form 214 * DA Form 638-1 (Recommendation for Award) of the Meritorious Service Medal * Two memoranda * Certificate of Commendation * Army Achievement Medal order amendment CONSIDERATION OF EVIDENCE: 1. __________X____________ CHAIRPERSON I certify that herein is recorded the true...