IN THE CASE OF:	   

		BOARD DATE:	  28 January 2014

		DOCKET NUMBER:  AR20130008482 


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 all awards and service medals that were omitted from his official military personnel file.

2.  The applicant states his military records should be corrected to "set the record straight."

3.  The applicant provides a copy of 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.  The applicant enlisted in the U.S. Army Reserve (USAR) on 22 February 1991 for a period of 8 years.  He further enlisted in the Regular Army on 14 March 1991 for a period of 3 years.

3.  A DA Form 638-1 (Recommendation for Award) shows that Headquarters, 2nd Battalion, 12th Infantry, Fort Carson, CO, Permanent Order Number 32-06, dated 12 November 1992, awarded the applicant the Army Achievement Medal for the period 11 to 12 August 1992.

4.  Headquarters, 4th Infantry Division (Mechanized), Fort Carson, CO, permanent orders (PO) awarded the applicant the:

* Expert Infantryman Badge for successful completion of the Expert Infantryman's Test during the period 13 to 17 September 1992
(PO Number 129-38, dated 25 November 1992)
* Army Good Conduct Medal (1st Award) for the period 14 March 1991 to 13 March 1994 (PO Number 347-1618, dated 13 December 1993)

5.  The applicant's DA Form 2-1 (Personnel Qualification Record) shows in:

   a.  item 5 (Oversea Service):  no entries (is blank);

   b.  item 9 (Awards, Decorations and Campaigns):

* Army Service Ribbon
* National Defense Service Medal
* Army Achievement Medal
* Army Good Conduct Medal (1st Award)
* Expert Infantryman Badge

6.  The applicant's DD Form 214, as corrected by a DD Form 215 (Correction to DD Form 214), dated 5 October 1994, shows he was honorably released from active duty on 13 March 1994 based on completion of required active service and transferred to a USAR unit to complete his Reserve obligation.  He completed 

3 years of net active service this period.  It also shows in item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized):

* Army Achievement Medal
* Army Lapel Button
* Army Service Ribbon
* Army Good Conduct Medal (1st Award)
* National Defense Service Medal
* Expert Infantryman Badge
* Expert Marksmanship Qualification Badge with Grenade Bar
* Marksman Marksmanship Qualification Badge with (M-16) Rifle Bar

7.  A National Guard Bureau Form 22 (Report of Separation and Record of Service) shows the applicant enlisted in the Army National Guard (ARNG) of the United States and Texas ARNG on 14 March 1994, he was honorably discharged on 30 September 1996, and transferred to the USAR Control Group (Reinforcement) to completion his Reserve obligation.  He completed 2 years, 6 months, and 17 days of net service this period.  It also shows in item 15 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded This Period):

* Army Lapel Button
* Army Achievement Medal
* Army Good Conduct Medal (1st Award)
* National Defense Service Medal
* Army Service Ribbon

8.  A review of the applicant's military personnel records failed to reveal evidence of any additional awards or decorations.

9.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army and contains item-by-item instructions for completing the DD Form 214.  It states for item 13, list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 (Military Awards).

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his military service records should be corrected to show all of his awards and service medals.

2.  The evidence of record shows the applicant was authorized and awarded the:

* Army Achievement Medal
* Army Good Conduct Medal (1st Award)
* National Defense Service Medal
* Army Service Ribbon
* Expert Infantryman Badge
* Expert Marksmanship Qualification Badge with Grenade Bar

* Marksman Marksmanship Qualification Badge with (M-16) Rifle Bar
* Army Lapel Button

3.  There is no evidence that shows he was authorized or awarded any additional awards, decorations, or service medals.  Thus, the evidence of record shows that all of his authorized awards and decorations are recorded on his DD Form 214.

4.  Therefore, there is no basis for granting the applicant's requested relief.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___x____  ___x____  ___x____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      ____________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)                                         AR20130008482



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ABCMR Record of Proceedings (cont)                                         AR20130008482



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