Search Decisions

Decision Text

ARMY | BCMR | CY2012 | 20120009857
Original file (20120009857.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:	  11 December 2012

		DOCKET NUMBER:  AR20120009857


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 his overseas service in Honduras from October 1983 through April 1984 and the Army Achievement Medal (AAM).

2.  He states he was at Palmerola Air Base in Honduras from October 1983 through April 1984.  He states he was awarded the AAM that is not listed on his DD Form 214.

3.  He provides orders and his DD Form 214.

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.  On 1 December 1982, the applicant enlisted in the Regular Army.  After completing initial entry training, he was awarded military occupational specialty 95B (Military Police), and he was assigned to duty with the 401st Military Police Company, Fort Hood, TX.

3.  His record is void of documentation showing he served in Honduras or that he was recommended for or awarded the AAM.

4.  On 30 November 1984, he was honorably released from active duty at the expiration of his term of service.  He completed 2 years of creditable active service.

5.  Item 12f (Foreign Service) of his DD Form 214 shows no foreign service.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) does not show award of the AAM.

6.  The applicant provides a copy of Permanent Orders 196-15, issued by the 546th Personnel Service Company, Fort Hood, TX, dated 18 December 1984.  These orders show he was awarded the AAM for meritorious service for the period 30 April 1983 to 30 November 1984.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record does not support the applicant's request for correction of his DD Form 214 to show overseas service in Honduras.  Unfortunately, the available records do not contain any documentation and the applicant did not provide any documentation to substantiate his claim that he served in Honduras.  In the absence of such documentation, there is an insufficient evidentiary basis for granting this portion of his requested relief.

2.  Permanent orders awarded him the AAM for meritorious service.  Therefore, his DD Form 214 should be corrected to show this award.

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 to his DD Form 214 the Army Achievement Medal.

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 correcting his DD Form 214 to show overseas service in Honduras.



      ___________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)                                         AR20120009857



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120009857



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2012 | 20120010186

    Original file (20120010186.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show: * the Armed Forces Expeditionary Medal (AFEM), Joint Meritorious Unit Award (JMUA), and Meritorious Service Medal (MSM) * an entry in item 18 (Remarks) documenting his service in Honduras and El Salvador 2. His final DD Form 214 shows no foreign service in item 12f; however, he...

  • ARMY | BCMR | CY2015 | 20150003262

    Original file (20150003262.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). The applicant requests correction to his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he was awarded the Army Commendation Medal (ARCOM) (2nd Award) and the Army Achievement Medal (AAM) (2nd Award). The applicant's request for correction of his record to show he was awarded an ARCOM (2nd Award) and an AAM (2nd Award) is supported by the evidence in this case.

  • ARMY | BCMR | CY2009 | 20090001893

    Original file (20090001893.txt) Auto-classification: Approved

    There are no orders in his service personnel records that show he was awarded the BSM, ARCOM (2nd Award), AAM (2nd Award), AGCM, or the Honduran Military Airborne Badge. Neither the applicant's DD Form 214 nor his DA Form 2-1 show the second award of the ARCOM or the AAM and the applicant's records do not contain any orders for these awards. In the absence of such evidence, there is an insufficient basis to correct his DD Form 214 to show his service in Honduras or to award him the...

  • ARMY | BCMR | CY2005 | 20050001622C070206

    Original file (20050001622C070206.doc) Auto-classification: Denied

    The applicant requests that his records be corrected to show entitlement to military awards associated with his service in Honduras and that his separation document be corrected to show he was part of Task Force 227 in Honduras while assigned to the 2nd Battalion, 7th Cavalry at Fort Hood, Texas. However, notwithstanding the absence of evidence of the applicant's deployment to Honduras, even if such evidence was available there were no unit or other service awards granted to recognize...

  • ARMY | BCMR | CY2005 | 20050001622C070206

    Original file (20050001622C070206.TXT) Auto-classification: Denied

    The applicant requests that his records be corrected to show entitlement to military awards associated with his service in Honduras and that his separation document be corrected to show he was part of Task Force 227 in Honduras while assigned to the 2nd Battalion, 7th Cavalry at Fort Hood, Texas. However, notwithstanding the absence of evidence of the applicant's deployment to Honduras, even if such evidence was available there were no unit or other service awards granted to recognize...

  • ARMY | BCMR | CY2011 | 20110015570

    Original file (20110015570.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). There is no evidence of record and the applicant did not provide any evidence which shows he completed SRT training. Therefore, there is insufficient evidence on which to add this training to his DD Form 214.

  • ARMY | BCMR | CY2014 | 20140011145

    Original file (20140011145.txt) Auto-classification: Approved

    The applicant requests correction of his record to show he was awarded the Army Commendation Medal (ARCOM), twice awarded the Army Achievement Medal (AAM), and to add omitted military training. His DD Form 214 should be corrected to show these awards. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by correcting his DD Form 214 for the period ending 29 September 1992 to show in: * item 13 - * Army Good Conduct Medal (2nd...

  • ARMY | BCMR | CY2011 | 20110003423

    Original file (20110003423.txt) Auto-classification: Approved

    The applicant requests correction of his record to show he was awarded the Army Commendation Medal (ARCOM) (1st Oak Leaf Cluster), Army Achievement Medal (AAM) (3d Oak Leaf Cluster), Army Good Conduct Medal (AGCM) (3d Award), Joint Service Achievement Medal (JSAM) (1st Award), and the Valorous Unit Award (VUA) or Meritorious Unit Commendation (MUC) for Operation Golden Pheasant. The evidence of record does not show the applicant served in a unit during a period for which the unit received...

  • ARMY | BCMR | CY2010 | 20100021786

    Original file (20100021786.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). The applicant requests award of the Combat Infantryman Badge (CIB). The evidence of record shows he was assigned as an infantryman to an infantry unit and performing infantry duties while on a special mission in Honduras from 5 to 15 August 1984.

  • ARMY | BCMR | CY2015 | 20150002579

    Original file (20150002579.txt) Auto-classification: Denied

    IN THE CASE OF: BOARD DATE: 22 September 2015 DOCKET NUMBER: AR20150002579 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20130010522, on 27 February 2014. Rather, it is only empowered to change the severity of the sentence imposed in the court-martial process and then only if...