IN THE CASE OF:
BOARD DATE: 5 August 2014
DOCKET NUMBER: AR20130021146
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 the Army Commendation Medal and Army Good Medal.
2. The applicant states the requested awards are not listed on his DD Form 214.
3. The applicant provides a Certificate for award of the Army Good Conduct Medal, and Permanent Orders (PO) 89-4 (Army Commendation Medal).
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's records show he enlisted in the U.S. Army Reserve (USAR) on 27 August 1984. He entered active duty for training (IDT) on 25 September 1984 and competed required training for military occupational specialty 94B (Food Service Specialist).
3. He was released from ADT on 14 February 1985. His DD Form 214 for this period of service shows he was awarded or authorized the Army Service Ribbon and Marksman Marksmanship Qualification Badge with Rifle Bra (M-16).
4. He enlisted in the Regular Army on 2 October 1986. He served in Germany from 8 November 1986 to on or about 17 August 1989.
5. His DA Form 2-1 (Personnel Qualification Record) shows in item 9 (Awards, Decorations, and Campaigns_ the entries:
* Army Achievement Medal (2nd Oak Leaf Cluster (OLC))
* Army Service Ribbon
* Overseas Service Ribbon
* Army Good Conduct Medal
* Army Commendation Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
6. His records contain and/or he provides:
* PO Number 25-6, issued by Headquarters, 3rd Infantry Division Support Command on 19 March 1987 awarding him the Army Achievement Medal for achievement from 30 January to 6 February 1987
* PO Number 82-13, issued by Headquarters, 3rd Infantry Division Support Command on 22 September 1987 awarding him the Army Achievement Medal (1st OLC) for service from 18 August 1986 to 5 May 1987
* PO Number 99-12, issued by Headquarters, 3rd Infantry Division Support Command on 8 December 1988 awarding him the Army Achievement Medal for achievement from 7 to 23 September 1988
* PO Number 89-4, issued by Headquarters, 3rd Infantry Division Support Command on 14 November 1989 awarding him the Army Commendation Medal for service from 12 November 1986 to 15 August 1989
* Certificate issued by a company commander awarding the applicant the Army Good Conduct Medal for exemplary behavior, efficiency, and fidelity 15 October 1986 to 14 October 1989
7. He was honorably released from active duty on 11 October 1989. His DD Form 214 shows he was awarded or authorized the Army Service Ribbon, Army Achievement Medal (1st OLC), Overseas Service Ribbon, and Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).
DISCUSSION AND CONCLUSIONS:
1. PO awarded the applicant the Army Commendation Medal which is not shown on his DD Form 214. Therefore, he is entitled to correction of his DD Form 214 to show this award.
2. PO awarded him three awards of the Army Achievement Medal. His DD Form 214 listed only two awards. Therefore, he is entitled to correction of his DD Form 214 to show all three awards.
3. Although his record does not contain PO awarding him the Army Good Conduct Medal, his DA Form 2-1 shows he was awarded the Army Good Conduct Medal. This award is further confirmed by the certificate he provides. Therefore, there is sufficient evidence to add this award to 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:
* deleting the Army Achievement Medal (1st OLC)
* adding the Army Commendation Medal, Army Achievement Medal (3rd Award), and Army Good Conduct Medal
_______ _ _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) AR20130021146
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ABCMR Record of Proceedings (cont) AR20130021146
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