IN THE CASE OF:
BOARD DATE: 26 February 2014
DOCKET NUMBER: AR20130010830
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, in effect, award of the Army Commendation Medal (2nd Award) and the Valorous Unit Award.
2. The applicant states, in effect, his records need to be updated.
3. The applicant provides:
* extract of Department of the Army General Orders (DAGO) Number 27, dated 27 December 1994
* an unidentifiable order awarding him the Army Commendation Medal for service on 26 February 1991
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 20 June 1988.
3. His DA Form 2-1 (Personnel Qualification Record) shows in:
* item 5 (Oversea Service) service in Germany during the period 30 October 1988 through 19 October 1990 and Saudi Arabia during the period 8 January 1991 through 13 May 1991
* item 9 (Awards, Decorations, and Campaigns):
* Army Service Ribbon
* Driver-Mechanic Badge with T Device
* National Defense Service Medal
* Army Good Conduct Medal (1st Award)
* Southwest Asia Service Medal with two bronze service stars
* Expert Marksmanship Qualification Badge with Pistol and Hand Grenade Bars
4. Permanent Orders Number 000006-026, issued by Headquarters, 1st Infantry Division, Fort Riley, KS, dated 24 May 1991, awarded the applicant the Army Commendation Medal for meritorious service during the period 17 January 1991 through 5 March 1991. The orders also show he was assigned to Company C, 3rd Battalion, 37th Armor.
5. On 16 December 1991, the applicant was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement). His DD Form shows he completed 3 years, 5 months, and 27 days of creditable active military service.
6. His DD Form 214 does not show award of the Expert Marksmanship Qualification Badge with Pistol and Hand Grenade Bars or the Valorous Unit Award. It does show the Army Commendation Medal.
7. The applicant provides an extract of DAGO Number 27 and an unidentifiable order awarding him the Army Commendation Medal for service on 26 February 1991.
8. A review of his records fails to show any orders awarding him an Army Commendation Medal for service on 26 February 1991.
9. DAGO Number 27, dated 27 December 1994, shows Company C, 3rd Battalion, 37th Armor was cited for award the Valorous Unit Award for the period 24 February 1991 to 4 March 1991.
10. Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, service medals and ribbons, combat and special skill badges, unit decorations, and similar devices awarded in recognition of accomplishments.
a. Paragraph 1-18 states that only one decoration will be awarded to an individual for the same act, achievement, or period of meritorious service.
b. A qualification badge is awarded to indicate the degree in which an individual has qualified in a prescribed record course, and an appropriate component bar is furnished to denote each weapon with which the individual has qualified. The qualification badges are in three classes: Expert, Sharpshooter, and Marksman.
DISCUSSION AND CONCLUSIONS:
1. Although the applicant provides a partial copy of an order awarding him the Army Commendation Medal for service on 26 February 1991, the issuing organization and order number are missing from this order. Further, his record is void of evidence showing this award and the period is overlapped by a later award for service. Therefore, the document provided is insufficient documentary evidence to support his requested relief.
2. Orders show the unit to which the applicant was assigned was cited for award of the Valorous Unit Award; therefore, he is entitled to correction of his DD Form 214 to show this award.
3. The evidence of record shows that the applicant was awarded the Expert Marksmanship Qualification Badge with Pistol and Grenade Bars. Therefore, he is entitled to correction of his DD Form 214 to show this badge with the appropriate bars.
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 amending his DD Form 214 as follows:
* adding to item 13:
* Valorous Unit Award
* Expert Marksmanship Qualification Badge with Pistol and Grenade Bars
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 adding the Army Commendation Medal (2nd Award) to his DD Form 214.
_____________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) AR20130010830
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ABCMR Record of Proceedings (cont) AR20130010830
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