IN THE CASE OF:
BOARD DATE: 14 August 2014
DOCKET NUMBER: AR20130022434
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 award of the Army Achievement Medal as well as correction to item 11 (Primary Specialty Number, Title, and Years and Months in Specialty).
2. The applicant states item 11 of his DD Form 214 incorrectly lists his years and months in his military occupational specialty (MOS) as 75 years, 9 months.
3. The applicant provides:
* a memorandum
* DD Form 214
* a letter from the State of Illinois Department of Veterans' Affairs
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 2 September 1981. His DA Form 2-1 (Personnel Qualification Record) indicates he successfully completed training and he was awarded MOS 95B (Military Police) on 14 December 1981 and he was honorably released from active duty on 29 August 1984, a period of 2 years, 8 months, and 16 days. The applicant was not available to sign his DD Form 214 upon his release from active duty.
3. The applicant provides and his record contains a DD Form 214 that shows he was honorably released from active duty on 29 August 1984. His DD Form 214 shows he completed 2 years, 11 months, and 28 days of active service during this period; however, it fails to show he was awarded or authorized the Army Achievement Medal. In addition, item 11 of this form lists his years and months in his primary specialty as 75 years, 9 months.
4. The applicant provides a memorandum, issued by Headquarters, 3d Armored Division Artillery, dated 13 August 1984, which references the presentation of an Army Achievement Medal to the applicant based on Permanent Orders Number 28-3; however, the applicant does not provide and his records do not contain the actual order authorizing award of the Army Achievement Medal.
5. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents which were prepared for individuals upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for preparing and distributing the DD Form 214. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. It states for item 11 to enter the titles of all MOS' or areas of concentration served in for at least one year and include the number of years and months served.
DISCUSSION AND CONCLUSIONS:
1. Ordinarily, orders are required to substantiate a past award of the Army Achievement Medal; however, the applicant provides a memorandum, issued by Headquarters, 3d Armored Division Artillery, dated 13 August 1984, which indicates he was to be presented the Army Achievement Medal based on Permanent Orders Number 28-3. This lends credence to his contention that he was awarded the Army Achievement Medal.
2. The applicant was honorably released from active duty on 29 August 1984 and he was not available to sign his DD Form 214 upon his release from active duty. It is reasonable to presume he was on terminal leave with his records and the order subsequently never made it into his records. Therefore, as a matter of equity, it would be appropriate to correct his DD Form 214 to show he was awarded the Army Achievement Medal.
3. Item 11 of the applicant's DD Form 214 clearly contains a typographical error. The evidence of record shows the applicant was awarded MOS 95B on 14 December 1981 and he was released from active duty on 29 August 1984, a period of 2 years, 8 months, and 16 days. Therefore, item 11 of his DD Form 214 should be corrected to show he completed 2 years and 9 months in his given specialty.
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 is 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 his DD Form 214 by adding the Army Achievement Medal and by deleting the entry in item 11 of his DD Form 214 and replacing it with the entry "P95B1O MILITARY POLICE 2 YRS 09 MOS."
____________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) AR20130022434
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ABCMR Record of Proceedings (cont) AR20130022434
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