IN THE CASE OF:
BOARD DATE: 20 August 2013
DOCKET NUMBER: AR20130000544
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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show that he was awarded the Army Commendation Medal (ARCOM), Army Achievement Medal (AAM) with two Oak Leaf Clusters (2OLC), and Army Superior Unit Award.
2. The applicant states that his second award of the ARCOM was downgraded to the Army Achievement Medal (2OLC) after the DD Form 214 was prepared. His DD Form 214 should reflect award of the ARCOM, AAM (2OLC) and the Army Superior Unit Award.
3. The applicant provides copies of his DD Form 214; promotion orders, AAM Certificate, orders for the AAM (1OLC); and a certificate for the Army Superior Unit Award.
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 18 October 1988 for a period of 4 years and training as an infantryman. He completed one-station unit training and airborne training at Fort Benning, Georgia and he was transferred to Fort Carson, Colorado for his first duty station. He was promoted to the rank of sergeant on 1 June 1991.
3. He was transferred to Panama on 3 July 1990 and assigned to the 1st Battalion, 508th Airborne Battalion. He served there until 7 October 1991 when he was transferred to Fort Bragg, North Carolina.
4. On 14 August 1992, he was honorably released from active duty (REFRAD) due to early separation to attend school. He had served 3 years, 9 months, and 27 days of active service and his DD Form 214 issued at the time of his REFRAD shows that he was awarded the Army Service Ribbon, National Defense Service Medal, Parachutist Badge, Overseas Service Ribbon, Army Good Conduct Medal, AAM (1OLC), ARCOM (1OLC), and the NCO Professional Development Ribbon.
5. A review of the applicants official records reveals two DA Forms 638 (Recommendation for Award) awarding the applicant the ARCOM. The first award of the ARCOM was awarded in Permanent Orders Number 56-11, dated
6 June 1990, for the period 20 March to 31 June 1990. The second award of the ARCOM (1OLC) was awarded in Permanent Orders Number 42-26, dated
15 October 1991, for the period of 2 July 1990 to 15 October 1991.
6. The applicants records also show that he was awarded the AAM in Permanent Orders Number 108-5, dated 23 August 1989, for the period 9 June to 30 June 1989. He was awarded the AAM (1OLC) in Permanent Orders Number 8-5, dated 23 January 1991, for the period 7 July to 26 December 1990. He was also awarded the AAM in Permanent Orders Number 70-264, dated
14 October 1992, for the period of 18 October 1991 to 17 July 1992.
7. The applicant also provides a Certificate showing his unit (1st Battalion, 508th Infantry) was awarded the Army Superior Unit Award for the period of 1 February to 31 December 1990. The applicant served with that unit in Panama from 3 July 1990 to 7 October 1991.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that one of his awards of the ARCOM should be removed from his DD Form 214 has been noted and appears to lack merit. The applicants records contain documents showing that he was awarded two ARCOMs which are properly reflected on his DD Form 214 as ARCOM (1OLC).
2. The applicant's records also confirm his contention that he was awarded the AAM (2OLC) as his records contain documents showing he was awarded three awards of the AAM. Accordingly, his DD Form 214 should be corrected to reflect the AAM (2OLC) instead of the AAM (1OLC).
3. Additionally, his unit was awarded the Army Superior Unit Award and he is entitled to have that award added to his DD Form 214.
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:
* deleting the award of the AAM (1OLC) from his DD Form 214
* adding the AAM (2OLC) and the Army Superior Unit Award to his
DD Form 214
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 deleting the award of the ARCOM (1OLC).
3. The Board wants the applicant and all others to know that the sacrifices he made in service to the United States are deeply appreciated. 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) AR20130000544
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ABCMR Record of Proceedings (cont) AR20130000544
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