BOARD DATE: 26 August 2014
DOCKET NUMBER: AR20140000322
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 (2nd Award) instead of the Army Commendation Medal (3rd Award) and the Army Achievement Medal (2nd Award) instead of the Army Achievement Medal.
2. He states Permanent Orders Number 014-02, dated 21 January 2009, show the recommendation for the Army Commendation Medal (2nd Award) was downgraded to an Army Achievement Medal (2nd Award).
3. The applicant provides a copy of the DA Form 638 (Recommendation for Award).
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 DA Form 638 provided by the applicant and that is also contained in his military personnel record shows:
* Item 8 (Previous Awards) - Army Achievement Medal -1, Army Commendation Medal - 2
* Item 10 (Recommended Award) - Army Commendation Medal "2 OLC" (3rd Award)
* Item 24d (Recommend) - the 4th Squadron, 6th Air Cavalry Regiment commander, an officer in the grade of lieutenant colonel, placed an "X" in the (Downgrade To) block and scribed "AAM" (Army Achievement Medal)
* Part V - Orders Data - Item 27a (Orders Issuing Headquarters) - Headquarters, 4th Squadron, 6th Air Cavalry Regiment
* Item 28d (Signature) - 4th Squadron, 6th Air Cavalry Regiment commander's signature
* Item 29 (Approved Award) - "2OLC"
* Item 30 (Date) - 21 January 2009
3. The applicant's DD Form 214 shows he was honorably released from active duty on 9 February 2009. It also shows he received the Army Commendation Medal (3rd Award) and Army Achievement Medal.
DISCUSSION AND CONCLUSIONS:
1. The applicant's recommended award of the Army Commendation Medal (3rd Award) was downgraded to the Army Achievement Medal by the squadron commander, a lieutenant colonel.
2. Part V of the DA Form 638 shows the approved award as "2 OLC" with no indication of either the Army Commendation Medal or Army Achievement Medal. The same individual who recommended the downgrade to the Army Achievement Medal signed the approved award. It is presumed that the intended award is the Army Achievement Medal (2nd Award) and not the Army Commendation Medal (3rd Award). He is therefore entitled to correction of his DD Form 214 to properly reflect the correct number of each 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:
* deleting from his DD Form 214 the Army Commendation Medal (3rd Award) and the Army Achievement Medal
* adding to his DD Form 214 the Army Commendation Medal (2nd Award) and the Army Achievement Medal (2nd 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) AR20140000322
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