IN THE CASE OF:	  

		BOARD DATE:	  29 January 2013

		DOCKET NUMBER:  AR20120010677 


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 to his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 3 July 1997 to show award of the:

* Meritorious Service Medal (MSM)
* Army Commendation Medal (ARCOM) (5th Award) 

2.  The applicant states, in effect, his DD Form 214 should be corrected to show all his awards. 

3.  The applicant provides:

* MSM Certificate
* DA Form 638 (Recommendation for Award), dated 2 December 1997
* Letter, Recommendation for Award,  undated
* 4 DA Forms 638-1 (Recommendation for Award for other than Valor of Army Achievement Medal (AAM), ARCOM, and MSM)
* 5 ARCOM Certificates
* Permanent Orders Number 67- 6, Headquarters, Walter Reed Army Medical Center, Washington, D.C., dated 14 June 1991


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 5 December 1975.  He completed training and was awarded military occupational specialties 91C (Practical Nurse/Instructor) and 74D (Computer/Machine Operator).  The highest rank/grade he attained while on active duty was sergeant first class/E-7.

3.  Permanent Orders Number 67-6 awarded the applicant the ACOM (1st Award) for the period 1 November 1987 to 18 February 1991.

4.  A review of the applicant’s Army Military Human Resource Record (AMHRR), formerly known as official military personnel file (OMPF), shows:

* Permanent Order Number 8-35, dated 13 July 1992, awarded him the AAM (1st Award) for the period 17 June 1992 to 18 June 1992
* Permanent Order Number 27-9, dated 28 February 1996, awarded the applicant the AAM (3rd Award) for the period 1 July 1995 to 5 December 1995

5.  DA Forms 638, 638-1, AAM, and ARCOM Certificates provided by the applicant shows:

* Permanent Order Number 9-1, dated 9 March 1993, awarded him the AAM (2nd Award) for the period 19 February 1991 to 9 December 1992
* Permanent Order Number 27-2, dated 23 August 1993, awarded him the ARCOM (1st Award) [2nd Award] for the period 19 February 1991 to 9 December 1992
* Permanent Order Number 6-1, dated 19 January 1995, awarded him the ARCOM (2nd Award) [3rd Award] for the period 1 February 1993 to 4 June 1994
* Permanent Order Number 37-40, dated 15 May 1996, awarded him the ARCOM (2nd Award) [4th Award] for the period 26 June 1994 to 25 September 1995
* Permanent Order Number 37-08, dated 15 June 1996, awarded him the ARCOM (3rd Award) [5th Award] for the period 25 September 1995 to 13 May 1996
* Permanent Order Number 346-05, dated 12 December 1997, awarded him the MSM for the period 22 October 1981 to 4 July 1997

6.  On 3 July 1997, the applicant was retired due to a temporary disability.  He completed 21 years, 6 months, and 29 days of creditable active military service.  His DD Form 214 ending 3 July 1997 shows he was awarded the following:

* Army Commendation Medal (4th Award)
* Army Achievement Medal (4th Award)
* Army Good Conduct Medal (6th Award)
* National Defense Service Medal (2nd Award)
* Noncommissioned Officer Professional Development  Ribbon (3rd Award)
* Army Service Ribbon
* Overseas Service Ribbon
* Army Superior Unit Award
* Marksmanship Qualification Badge with Rifle Bar (M-16)
* Expert Marksmanship Qualification Badge with Pistol Bar (.45 Caliber)

7.  Army Regulation 635-5 establishes the standardized policy for preparing and distributing the DD Form 214.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty and will be prepared for all personnel at the time of their retirement, discharge, or release from active duty.  It states that awards and decorations for all periods of service specified in Army Regulation 600-8-22 (Military Awards) will be entered on the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request for correction of his DD Form 214 to show award of the MSM and ARCOM (5th Award) was carefully considered. 

2.  Permanent orders awarded the applicant the MSM; therefore, he is entitled to correction of his DD Form 214 ending 3 July 1997 to show his award.
 
3.  Permanent orders awarded the applicant the ARCOM (5th Award); therefore, he is entitled to correction of his DD Form 214 ending 3 July 1997 to show this award. 


BOARD VOTE:

____X____  ___X_____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was 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:

* amending his DD Form 214 ending 3 July 1997 to show award of the ARCOM (5th Award)
* adding to his DD Form 214 ending 3 July 1997 award of the MSM



      _______ _   __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)                                         AR20120010677



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ABCMR Record of Proceedings (cont)                                         AR20120010677



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