BOARD DATE: 3 April 2014
DOCKET NUMBER: AR20130014583
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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 24 March 1970 to show his subsequent award of the Legion of Merit and Army Achievement Medal. He further requests a copy of the citation and orders for a Meritorious Service Medal with oak leaf cluster and receipt of his medals.
2. The applicant states he had no way of knowing of the omissions in his permanent record until he requested copies of the records and medals.
3. The applicant provides:
* DD Form 214
* 3 pages of his DA Form 2-1 (Personnel Qualification Record)
* Permanent Order 136-01
* Permanent Order Number 114-2
* Chronological Statement of Retired Points
* 2 letters
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. Service medals and awards are not issued by the ABCMR. However, the applicant may obtain his medals by submitting his request in writing to: National Personnel Records Center, ATTN: Army Reference Branch, 1 Archives Drive, St. Louis, Missouri 63138. This issue will not be further addressed in this Record of Proceedings.
3. The applicant was appointed a Reserve commissioned officer in the Army of the United States on 20 August 1967.
4. On 25 March 1968, he was ordered to active duty from the U.S. Army Reserve (USAR). On 24 March 1970, he was relieved from active duty and reverted to the USAR Control Group (Annual Training). The DD Form 214 he was issued shows he was awarded or authorized the National Defense Service Medal.
5. On 19 September 1997, he was assigned to the Retired Reserve due to reaching his maximum length of service.
6. The applicant provides:
a. A copy of a portion of his DA Form 2-1. Item 9 (Awards, Decorations and Campaigns) indicates he received the Meritorious Service Medal.
b. Permanent Order Number 114-2, issued by First U.S. Army, dated 24 April 1997, that shows he received the Legion of Merit.
c. Permanent Order 136-01, issued by 1st Brigade, 87th Division (Exercise), dated 17 May 1997, that shows he received the Army Achievement Medal.
7. There is no evidence in his military records which shows he received any of the awards listed in paragraph 6 nor do his records show he received a second Meritorious Service Medal.
8. There is no indication he performed any periods of active duty between the date he was relieved from active duty on 24 March 1970 and the date he was transferred to the Retired Reserve on 19 September 1997 that would have warranted the issuance of a subsequent DD Form 214.
9. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The purpose of the separation document is to provide the individual with documentary evidence of his or her military service. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty (emphasis added). It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge, and is not intended to have any legal effect on termination of a Soldier's service.
DISCUSSION AND CONCLUSIONS:
1. With respect to the Legion of Merit and Army Achievement Medal, these awards were awarded or authorized in 1997, some 27 years after he had been relieved from active duty. There is no provision to list the awards on a previously-issued DD Form 214.
2. Unfortunately, although the applicant's records indicate he received a Meritorious Service Medal, there is no evidence in his military records of the orders or citation for this award. In addition, his records fail to show he received a second award of the Meritorious Service Medal.
3. In view of the foregoing, he is not entitled to the 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) AR20130014583
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ABCMR Record of Proceedings (cont) AR20130014583
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