IN THE CASE OF:
BOARD DATE: 6 June 2013
DOCKET NUMBER: AR20120021820
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) for the period ending 13 May 1990 to show the Army Commendation Medal (ARCOM) and the Army Good Conduct Medal (AGCM).
2. The applicant states he earned the awards while serving with the 97th General Hospital in Frankfurt, Germany but the awards are not shown on his
DD Form 214.
3. The applicant provides a DD Form 214 and copies of ARCOM and AGCM certificates.
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. After having had prior service in the Army National Guard, the applicant enlisted in the Regular Army on 14 May 1986.
3. His Army Military Human Resource Record (AMHRR) in the Interactive Personnel Records Management System (iPerms) contains an AGCM Certificate that shows he was awarded the AGCM for service during the period 18 March 1986 to 17 March 1989.
4. Frankfurt Army Regional Medical Center, Permanent Orders Number 017-12, dated 16 May 1990, awarded him the ARCOM for meritorious service during the period 13 October 1986 to 16 April 1990.
5. He was honorably released from active duty on 13 May 1990 and transferred to the U.S. Army Reserve. His DD Form 214 for this period of service shows he earned the Army Service Ribbon, Overseas Service Ribbon, and the Driver and Mechanic Badge.
6. Army Regulation 635-5 (Separations Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. His AMHRR in iPERMS contain an AGCM Certificate that shows he was awarded the AGCM for service during the period 18 March 1986 to 17 March 1989. Although the beginning date starts 2 months before the applicant enlisted in the Regular Army, he did serve a 3-year period with no evidence of disciplinary actions that would have disqualified him for the AGCM. Therefore, his DD Form 214 should be corrected to show this award.
2. Permanent orders confirm he was awarded the ARCOM for meritorious service during the period 13 October 1986 to 16 April 1990. Therefore, this award should also be added to his DD Form 214.
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 adding to his DD Form 214 for the period ending 13 May 1990 the Army Commendation Medal and the Army Good Conduct Medal.
_______ _ _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) AR20120021820
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ABCMR Record of Proceedings (cont) AR20120021820
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