BOARD DATE: 13 December 2012
DOCKET NUMBER: AR20120009682
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 that all of his authorized awards and sea service be added to his DD Form 214.
2. The applicant states, in effect, that he was discharged from the Colorado Army National Guard (COARNG) due to being unfit for retention and his Combat Action Badge (CAB), Drivers Badge, and sea time were not included on his DD Form 214.
3. The applicant provides copies of orders awarding him the CAB and Drivers Badge (Wheeled) and approval for awards of the Foreign Deployment Service Ribbon, Mobilization Support Ribbon, and the Colorado Active Service Ribbon.
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 United States Navy (USN) on 14 September 1991 and served on active duty until he was honorably discharged on 11 January 2000. His DD Form 214 issued at the time of his discharge does not reflect any foreign or sea service.
3. On 23 February 2005, he enlisted in the COARNG in the rank of sergeant as a heavy equipment operator.
4. On 7 September 2005, he was ordered to active duty in support of Operation Iraqi Freedom. He deployed to Iraq on 5 November 2005 and on 4 May 2006 he was involved in a mortar attack and was awarded the CAB on 4 October 2006.
5. On 27 February 2007, he was awarded the Drivers Badge (Wheeled) in Permanent Orders Number 058-24 issued by Headquarters, Task Force 54 Engineers.
6. On 13 December 2006 he was honorably released from active duty (REFRAD). His DD Form 214 does not reflect any sea service performed during the period he was mobilized. It does not show the awards of the CAB, Drivers Badge (Wheeled), Foreign Deployment Service Ribbon, Mobilization Support Ribbon, or Colorado Active Service Ribbon.
7. The applicant was discharged from the ARNG on an unknown date.
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 information that is current as of the effective date of separation. It also provides that only sea service performed during the period covered by the DD Form 214 will be entered in block 12g.
9. Army Regulation 635-5 states to list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22. Army Regulation 600-8-22 gives the order of precedence for awards and decorations. Only decorations, medals, and ribbons are listed. Certificates of achievement, letters of appreciation, and similar documents such as State awards are not listed.
DISCUSSION AND CONCLUSIONS:
1. The applicant was awarded the CAB and Drivers Badge (Wheeled) in duly authenticated orders and is entitled to have those awards added to his DD Form 214.
2. The applicants contention that sea service should be added to his DD Form 214 has been noted and found to lack merit. He has failed to show through the evidence submitted with his application and evidence of record that he performed any sea service during the period covered by his DD Form 214. Accordingly, there is no basis to grant that part of his request.
3. Additionally, State awards are not authorized for entry on the DD Form 214; however, they may be entered on the National Guard Bureau (NGB) Form 22. He may apply to the NGB to have those awards entered on his NGB Form 22. Accordingly, since State awards are not authorized for entry on the DD Form 214, there is no basis to grant that 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 adding the awards of the CAB and Drivers Badge (Wheeled) to his DD Form 214.
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 sea service and State awards to his DD Form 214.
3. The Board wants the applicant and all others to know that 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) AR20120009682
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