IN THE CASE OF:
BOARD DATE: 31 January 2013
DOCKET NUMBER: AR20120012453
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 her three leadership awards from the 79th Army Reserve Command and her Superior Unit Award be added to her DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states the person preparing the DD Form 214 did not have the documentation at the time to add the above awards to her DD Form 214. She also states that her awards should be rightfully reflected on her DD Form 214.
3. The applicant provides no additional documents with her application.
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 U.S. Army Reserve (USAR) on 18 September 1976. She completed active duty training and was returned to her USAR unit.
3. She served in a variety of positions including chaplains assistant, clerk-typist, administrative noncommissioned officer, and USAR Recruiter.
4. On 12 January 1981, she was ordered to active duty as a recruiter in the Active Guard Reserve (AGR) Program. She was promoted to the pay grade of E-6 on 1 March 1983 and on 11 January 1984 she was honorably released from active duty (REFRAD) due to completion of required service. The DD Form 214 issued to her at the time of REFRAD shows that she was awarded the Army Service Ribbon, Gold Recruiter Badge with three gold stars, the Driver and Mechanic Badge with W Device, marksmanship badges, and the Good Conduct Medal.
5. A review of her official records fails to show any documents related to any leadership awards or an award of the Superior Unit Award. The applicant was honorably discharged from the USAR on 18 March 1988.
6. Army Regulation 635-5 (Separation Documents) 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 are not listed.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that her three leadership awards and the award of the Superior Unit Award should be reflected on her DD Form 214 has been noted and appears to lack merit.
2. Notwithstanding that the applicants records do not contain any leadership awards and the applicant has not provided any documents to show the awards in question, leadership awards are not awards listed in Army Regulation 600-8-22 and they are not authorized to be entered on the DD Form 214.
3. Additionally, the applicant has failed to show through the evidence submitted and the evidence of record that she received a Superior Unit Award prior to her REFRAD.
4. Accordingly, there appears to be no basis to grant her request to add leadership awards and the Superior Unit Award to her DD Form 214.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X____ ___X_____ ___X_____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States. 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) AR20120012453
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ABCMR Record of Proceedings (cont) AR20120012453
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