IN THE CASE OF:
BOARD DATE: 11 June 2013
DOCKET NUMBER: AR20120021318
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, in effect, correction of his DD Form 214 (Report of Separation from Active Duty) to show he was awarded the Army Commendation Medal.
2. The applicant states he was awarded the Army Commendation Medal on 21 February 1993 in Permanent Order 02-03, by the 88th Regional Support Command.
3. The applicant provides:
* Army Review Boards letter, dated 31 October 2012
* DD Form 214, dated 28 February 1975
* DA Form 683 (Recommendation for Award), dated 29 January 1993
* Permanent Order 02-03, dated 21 February 1993
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 Army on 29 February 1972. He completed training as a data communications terminal specialist.
3. On 28 February 1975, the applicant was honorably released from active duty (REFRAD) and was transferred to the U.S. Army Reserve (USAR). His DD Form 214 shows he was awarded the National Defense Service Medal and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.
4. The applicant remained a member of the USAR until he was transferred to the Retired Reserve on 7 March 1995.
5. The applicant provides a copy of a DA Form 683 showing he was awarded the Army Commendation Medal on 21 February 1993. He also provides a copy of Permanent Order 02-03 awarding him the Army Commendation Medal on 21 February 1993.
6. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for soldiers at the time of discharge, REFRAD, or retirement. The regulation in effect at the time states that the information contained on the DD Form 214 will apply only to the period of service covered by the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions have been noted. His supporting evidence has been considered.
2. The applicant was awarded the Army Commendation Medal in Permanent Order 02-03, dated 21 February 1993. His DD Form 214 covers the period 29 February 1972 through 28 February 1975. According to the regulation in effect at the time, the DD Form 214 will apply only to the period of service covered by the DD Form 214.
3. The Army Commendation Medal is properly not shown on his DD Form 214.
4. In view of the foregoing, the applicant's request should be denied.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X____ __X____ ____X___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
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.
_______ _ 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) AR20120021318
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20120021318
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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