IN THE CASE OF:
BOARD DATE: 9 July 2014
DOCKET NUMBER: AR20130018324
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 the following awards be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty):
* Army Commendation Medal (ARCOM)
* Army Good Conduct Medal (AGCM)
* Army Superior Unit Award (ASUA)
2. The applicant states:
a. the ARCOM and AGCM were both approved and issued after his honorable discharge.
b. he was assigned to the 1st Battalion, 2nd Air Defense Artillery (ADA) from July 1989 to January 1991. During this time, Operation Desert Shield/Storm kicked off and the 1st and 2nd ADA became the base support unit. It wasn't until after he was transferred to another unit that the 1st and 2nd ADA received the ASUA for the period he was assigned to it.
3. The applicant provides:
* ARCOM Permanent orders Number 31-13, issued by Hedquarters 64th Amor, dated 5 My 1992
* DA Form 638-1 (Recommendation for Award of the Army Achievement Medal, ARCOM, and Meritorious Service Medal)
* Memorandum for award of the AGCM, dated 19 February 1992
* Reassignment orders
* DD Form 214
* Recorder's Certificate of Discharge
* Print out of the 1st Battalion, 2nd ADA history
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 22 March 1989 and trained as an ADA operations and intelligence assistant and chaplain assistant.
3. His DA Form 2-1 (Personnel Qualification Record Part II) shows he was assigned to Headquarters and Headquarters Battery, 1st Battalion, 2nd ADA at Fort Stewart, GA from 25 July 1989 to 24 January 1991.
4. On 21 March 1992, he was honorably released from active duty (REFRAD) in the rank of specialist after completing 3 years of creditable active service with no time lost.
5. His DD Form 214 does not show the ARCOM, AGCM, or ASUA as authorized awards.
6. There are no orders for the AGCM in the available records. However, he provides a memorandum, dated 19 February 1992, that which shows an award of the AGCM was approved by the applicant's commander.
7. He provides Permanent Orders Number 31-13, dated 15 May 1992, which show he received the ARCOM for outstanding meritorious service for the period 28 April 1991 to 21 March 1992.
8. The U.S. Army Human Resources Command previously approved unit awards database shows the 1st Battalion, 2nd ADA (Chaparral) was cited for award of the ASUA for the period 6 August 1990 to 24 June 1991 by Department of the Army General Orders Number 22, dated 30 August 1991.
DISCUSSION AND CONCLUSIONS:
1. Permanent orders show the applicant received the ARCOM after his REFRAD. Therefore, his DD Form 214 should be corrected to show this award.
2. The memorandum, dated 19 February 1992, which shows the applicant's commander approved an award of the AGCM is accepted as sufficient evidence on which to base adding the AGCM to his DD Form 214.
3. The applicant's unit was cited for award of the ASUA while he was assigned to it. Therefore, his DD Form 214 should be corrected to show this unit award.
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 adding the ARCOM, AGCM, and ASUA 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) AR20130018324
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ABCMR Record of Proceedings (cont) AR20130018324
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