IN THE CASE OF:
BOARD DATE: 20 August 2013
DOCKET NUMBER: AR20130000063
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 removal of a DA Form 2627 (Record of Proceeding Under Article 15, UCMJ) from his records and addition of his award of the Army Commendation Medal to his DD Form 214 (Report of Separation from Active Duty).
2. The applicant states his records erroneously include a DA Form 2627 for another Soldier and the entry of his Social Security Number (SSN) on the form is an error. He was presented the Army Commendation Medal Certificate after he had already left active duty but his records were not corrected to reflect this award.
3. The applicant provides copies of a DA Form 2627 and an Army Commendation Medal Certificate.
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 20 November 1975, completed training, and was awarded military occupational specialty 16R (Short Range Air Defense Artillery Crewman).
3. The applicant was advanced to specialist four on 20 February 1977 and there is no indication of any reduction in rank.
4. The applicant's record contains three Enlisted Evaluation Reports. All three evaluations rate the applicant in the highest possible manner and show that he was serving as a squad leader in an acting sergeant (E-5) status during the last two reporting periods.
5. The record contains a 3 October 1978 DA Form 2627 bearing the name and signature of J____ S____; however, the SSN on the form is that of the applicant. The punishment imposed was reduction to E-3, forfeiture of $113.00, and 14 days extra duty.
6. The applicant was honorably released from active duty on 17 November 1978 in the rank and grade of specialist four, E-4. His DD Form 214 lists his awards as the Expert Marksmanship Qualification Badge with Rifle Bar and the Driver and Mechanic Badge with Driver Bar.
7. The award certificate provided by the applicant shows he was awarded the Army Commendation Medal on 5 December 1978 for meritorious service during the period 7 April 1976 to 19 November 1978.
8. Army Regulation 600-8-22 (Military Awards) provides that the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement or meritorious service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.
DISCUSSION AND CONCLUSIONS:
1. The applicant's available records do not include any indication of his award of the Army Commendation Medal. While it is probable that the applicant was in fact awarded the Army Commendation Medal, based on the date of presentation, without a copy of the award orders to verify the award it would not be appropriate to include it on his DD Form 214.
2. There is sufficient evidence to accept that the applicant is not the Soldier for whom the DA Form 2627 was prepared. All identifying information, except the SSN, refers to another Soldier and there is no indication the applicant faced nonjudicial punishment at this or any other time.
3. Therefore, it would be appropriate to remove the DA Form 2627 from the applicant's records.
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 removing the DA Form 2627 from the applicant's records.
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 applicant's records to show award of the Army Commendation 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) AR20130000063
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ABCMR Record of Proceedings (cont) AR20130000063
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