BOARD DATE: 4 March 2014
DOCKET NUMBER: AR20130010837
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:
* item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) Meritorious Service Medal (MSM) and an additional Army Achievement Medal (AAM)
* item 14 (Military Education) "Officer Basic Course" instead of "Officer Graduate Course"
2. The applicant states these are simply errors. He graduated from the Officer Basic Course but not from the Officer Graduate Course.
3. The applicant provides:
* Officer Basic Course Certificate
* DA Form 638 (Recommendation for Award) MSM
* DA Form 638 AAM
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 14 of his DD Form 214 shows he successfully completed the Judge Advocate Officer Basic Course in 2003. It does not list the Officer Graduate Course. Given that no error was found on his DD Form 214 in this regard, this portion of his request will not be further discussed in this record of proceedings.
3. On 7 February 2003, he entered active duty as a commissioned officer.
4. He provides a DA Form 638 showing that on 15 November 2006 Permanent Orders Number 319-07 awarded him the AAM (1st oak leaf cluster).
5. He provides a DA Form 638 showing that on 28 October 2009 Permanent Orders Number 301-003 awarded him the MSM.
6. On 3 January 2010, he was honorably discharged from active duty. The DD Form 214 he was issued at the time does not show the MSM or AAM (2nd Award).
DISCUSSION AND CONCLUSIONS:
1. Permanent orders awarded the applicant the MSM. Therefore, he is entitled to have this award added to his DD Form 214.
2. Permanent orders awarded him the AAM (2nd Award). Therefore, he is entitled to have his DD Form 214 amended to show this award.
BOARD VOTE:
__X__ ___X_____ ___X_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined 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:
a. deleting from his DD Form 214 the AAM and
b. adding to his DD Form 214 the MSM and AAM (2nd 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) AR20130010837
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ABCMR Record of Proceedings (cont) AR20130010837
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