BOARD DATE: 17 April 2014
DOCKET NUMBER: AR20130015075
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 item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he was awarded the Army Good Conduct Medal (First Award), the Army Commendation Medal (Second Award), and the Army Achievement Medal (Second Award).
2. The applicant states the awards were earned but they were never listed on his original DD Form 214.
3. The applicant provides copies of the following:
* Permanent Orders 17-2, dated 5 February 1990
* Permanent Orders 123-6, dated 7 January 1990
* Permanent Orders 30-1, dated 4 October 1988
* Permanent Orders 79-1, dated 14 June 1989
* Permanent Orders 32-3, dated 4 June 1987
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 17 June 1986. He completed training as a cavalry scout.
3. On 4 June 1987, Permanent Orders 32-3 were published awarding the applicant the Army Achievement Medal for meritorious service for the period 2 November 1986 to 15 May 1987.
4. On 4 October 1988, Permanent Orders 30-1 were published awarding him the Army Achievement Medal (First Oak Leaf Cluster) for meritorious achievement for the period 19 October 1986 to 8 October 1988.
5. On 14 June 1989, Permanent Orders 79-1 were published awarding the applicant the Army Good Conduct Medal for exemplary behavior, efficiency and fidelity during the period 17 June 1986 through 16 June 1989.
6. On 7 January 1990, Permanent Orders 123-6 were published awarding the applicant the Army Commendation Medal for meritorious service for the period 15 November 1989.
7. On 5 February 1990, Permanent Orders 17-2 were published awarding him the Army Commendation Medal for meritorious achievement for the period 28 August 1989 to 12 October 1989.
8. The applicant was honorably released from active duty on 16 June 1990, at the expiration of his term of service. Item 13 on his DD Form 214 shows the following awards:
* Army Service Ribbon
* Overseas Service Ribbon
* Expert Marksmanship Qualification Badge (Rifle M-16)
* Second Class Qualification Badge with Hand Grenade Bar
9. Army Regulation 635-5 (Separation Documents), as then in effect, served as the authority for the preparation of the DD Form 214. It provided that the DD Form 214 would be prepared to reflect an individual's service, as it existed on the
date of REFRAD or discharge. It stated in item 13 Enter all awards, decorations, medals, badges, citations and campaign ribbons awarded or authorized for all periods of service.
DISCUSSION AND CONCLUSIONS:
He provides permanent orders showing he was awarded the Army Good Conduct Medal (First Award), the Army Commendation Medal (Second Award), and the Army Achievement Medal (Second Award). These awards should be added on his DD Form 214.
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 item 13 on his DD Form 214 to show the following awards:
* Army Good Conduct Medal (First Award)
* Army Achievement Medal (Second Award)
* Army Commendation Medal (Second 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) AR20130015075
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ABCMR Record of Proceedings (cont) AR20130015075
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