BOARD DATE: 5 November 2013
DOCKET NUMBER: AR20130005412
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) to show:
* his birth month as February, not December
* award of two Army Achievement Medals and an Army Commendation Medal
2. The applicant states his DD Form 214 incorrectly lists his birth month and omits three awards.
3. The applicant provides copies of his DD Form 214 and birth certificate. He indicated copies of the awards were being provided; however, there were no award certificates or orders enclosed with the application.
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 17 July 1987. His enlistment contract shows his birth month as February.
3. Headquarters, U.S. Army Field Artillery Center and Fort Sill Permanent Orders 237-6, dated 13 December 1988, awarded the applicant the Army Achievement Medal.
4. Headquarters, 512th U.S. Army Artillery Group Permanent Orders 9-73, dated 8 January 1990, awarded the applicant the Army Achievement Medal with 1st Oak Leaf Cluster.
5. The applicant's DD Form 214 shows:
* his birth month as December
* he served on active duty from 17 July 1987 through 17 July 1991
* he was awarded or authorized the Army Service Ribbon, Army Good Conduct Medal, National Defense Service Medal, Overseas Service Ribbon, Driver and Mechanic Badge, Expert Marksmanship Qualification Badge with Rifle (M-16) and Grenade Bars
6. The birth certificate he provided shows his birth month as February.
7. Army Regulation 600-8-22 (Military Awards) states 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, distinguishes 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 DD Form 214 incorrectly shows his birth month as December whereas his enlistment document and birth certificate show his birth month as February. It would be appropriate to correct his DD Form 214 to show his birth month as February.
2. The applicant's award of two Army Achievement Medals were omitted from his DD Form 214. It would be appropriate correct his DD Form 214 to show these awards.
3. The applicant has not provided and the records do not contain any evidence to show he was awarded an Army Commendation Medal. Without orders to verify this award, correction of his DD Form 214 to show the Army Commendation Medal would not be appropriate.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
__x_____ ___x_____ _x____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined the evidence presented is 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:
a. deleting the date of birth currently shown on his DD Form 214 and replacing it with the date of birth shown on his birth certificate; and
b. adding award of the Army Achievement Medal (2nd Award) to his DD Form 214.
2. The Board further determined 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 his DD Form 214 to show award of an 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) AR20130005412
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ABCMR Record of Proceedings (cont) AR20130005412
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