IN THE CASE OF:
BOARD DATE: 7 January 2014
DOCKET NUMBER: AR20130007251
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 the correct number of awards of the Army Achievement Medal (AAM) and Army Good Conduct Medal (AGCM).
2. The applicant states he was awarded three awards of the AAM and one award of the AGCM. The DD Form 214 incorrectly switched the numbers.
3. The applicant provides:
* DD Form 214
* DD Form 215 (Correction to DD Form 214)
* Permanent Orders (PO) 195-014 and a certificate for award of the AGCM
* PO 41-76 and certificate for award of the AAM
* PO 215-38 and certificate for award of the AAM
* PO 32-2 and certificate for award of the AAM
* Certificate for award of the AAM
* Multiple certificates of achievement
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's records show he enlisted in the Regular Army on 1 October 1984 and he held military occupational specialty 13B (Cannon Crewman). He was assigned to Fort Sill, OK.
3. PO 195-014, issued by Headquarters, U.S. Army Field Artillery Center, Fort Sill, OK, on 9 October 1987 awarded him the AGCM for service during the period 1 October 1984 through 30 September 1987.
4. PO 215-38, issued by Headquarters, U.S. Army Field Artillery Center, Fort Sill, OK, on 9 November 1987 awarded him the AAM for achievement from 15 September to 8 October 1987.
5. He provides a certificate, dated 18 February 1988, with no accompanying PO, that shows he was awarded the AAM for meritorious service.
6. PO 41-76, issued by Headquarters, U.S. Army Field Artillery Center, Fort Sill, OK, on 3 March 1988 awarded him the AAM (2nd Oak Leaf Cluster) for achievement from 12 to 14 January 1988.
7. He was honorably released from active duty on 30 June 1988. His DD Form 214 shows he was awarded or authorized the:
* Army Service Ribbon
* Army Good Conduct Medal (3)
* Army Achievement Medal (1)
* Driver and Mechanic Badge with Driver W Clasp
* Overseas Service Ribbon
* Marksman Marksmanship Qualification Badge with Rifle Bar
* Expert Marksmanship Qualification Badge with Grenade Bar
* Army Lapel Button
8. On 1 July 1988, he enlisted in the Kansas Army National Guard (KSARNG) for 4 years and 18 days.
9. PO 32-21, issued by Headquarters, KSARNG on 8 August 1989, awarded him the AAM for service from 8 to 22 July 1989.
10. On 22 December 2006, he was issued a DD Form 215 that added award of the Korea Defense Service Medal.
DISCUSSION AND CONCLUSIONS:
The applicant served on active duty from 1 October 1984 through 30 June 1988. He was awarded one award of the AGCM and three awards of the AAM - albeit one of them lacks an order. It appears his DD Form 214 inadvertently switched the number of awards in each category. Therefore, he is entitled to correction of his DD Form 214 to show the correct number of each award.
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 amending his DD Form 214 by:
* deleting the Army Good Conduct Medal (3) and adding the Army Good Conduct Medal (1st Award)
* deleting the Army Achievement Medal (1) and adding the Army Achievement Medal (3rd Award)
____________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) AR20130007251
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ABCMR Record of Proceedings (cont) AR20130007251
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