BOARD DATE: 10 September 2013
DOCKET NUMBER: AR20130001415
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 the following corrections to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 16 April 1971 to show:
* in item 21 (Home of Record at Time of Entry into Active Service) - correct the spelling of the name of the city to "Olalla" instead of "Ollala"
* two awards of the Army Commendation Medal
2. The applicant states he received two Army Commendation Medals during his period of service.
3. The applicant provides his DD Form 214.
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. Item 4 (Permanent Mailing Address) of a DD Form 398 (Statement of Personal History), signed by the applicant on 20 March 1968, shows his address with the city spelled "Olalla."
3. Item 3a (Current Address) of a DD Form 47 (Record of Induction), dated
9 April 1968, shows his address with the city spelled "Olalla."
4. On 18 April 1968, he enlisted in the Regular Army. Item 41 (Home of Record) of his DD Form 4 (Enlistment Contract) shows his address with the city spelled "Ollala."
5. Headquarters, 1st Infantry Division issued the following orders:
* General Orders Number 12254, dated 11 October 1969, awarding him the Army Commendation Medal for meritorious achievement during the period 13 May to 30 September 1969
* General Orders Number 922, dated 22 January 1970, awarding him the Army Commendation Medal for meritorious achievement during the period 1 August to 31 December 1969
* General Orders Number 1381, dated 2 February 1970, revoking General Orders 922, dated 22 January 1970, pertaining to the applicant's award of the Army Commendation Medal
6. On 16 April 1971, he was released from active duty. Item 21 of his DD Form 214 shows his address with the city spelled "Ollala." His DD Form 214 shows he was awarded one Army Commendation Medal.
DISCUSSION AND CONCLUSIONS:
1. The address listed as the applicant's permanent mailing address and home of record remained constant from the date he signed the DD Form 398. However, the spelling of the city appears to have been transcribed incorrectly on his DD Form 4 and DD Form 214. Therefore, it would be appropriate to change the spelling of the city in item 21 of his DD Form 214 to "Olalla."
2. The evidence of record shows the applicant was awarded two awards of the Army Commendation Medal. However, on 2 February 1970, the orders for the second award of the Army Commendation Medal were revoked. Therefore, he is not entitled to have his DD Form 214 changed to show two awards of the Army Commendation Medal.
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 amending item 21 of his DD Form 214 with an effective date of 16 April 1971 to show the city as "Olalla."
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 a second 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) AR20130001415
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ABCMR Record of Proceedings (cont) AR20130001415
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