IN THE CASE OF:
BOARD DATE: 23 September 2014
DOCKET NUMBER: AR20140002438
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 his award of the:
* Parachute Rigger Badge
* Certificate of Achievement
* Army Achievement Medal
2. The applicant states the earned awards are missing from his DD Form 214. He is enclosing proof of the awards. He earned the awards and ribbons and his record should reflect that.
3. The applicant provides copies of the following:
* Permanent Orders (PO) Number 210-001
* Certificate of Achievement
* Army Achievement Medal certificate
* DD Form 214
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 provide in the statute of limitations, the ABCMR has elected to conduct a substantive review of the cases 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 sufficient bases to waive the statute of limitations.
2. The applicant enlisted in the Regular Army on 12 June 1991 and he held military occupational specialty 43E (parachute rigger).
3. He provided copies of the following:
* PO Number 210-001, issued by the U.S. Army Combined Arms Support Command and Fort Lee, VA, on 13 November 1991, awarding him the Parachute Rigger Badge for service on 26 November 1991
* Certificate of Achievement, dated 26 June 1992, he was issued for his successful completion of the M60 Machine Gunner's Development Course
* certificate, dated 2 March 1994, awarding him the Army Achievement Medal for exceptionally meritorious service for the period 25 April 1992 to 13 April 1994, by PO Number 23-01
4. He was honorably released from active duty in pay grade E-4 on 11 June 1994 and he was transferred to the U.S. Army Reserve Control Group (Reinforcement). He was credited with completing 3 years of net active service. His DD Form 214 lists the:
* Army Service Ribbon
* Army Lapel Button
* National Defense Service Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Parachutist Badge
* Driver Badge
5. Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, Army Good Conduct Medal, service medals and ribbons, combat and special skill badges and tabs, and similar devices awarded in recognition of accomplishments. It states:
a. The Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of
active duty enlisted service. This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.
b. Certificates of Achievement are issued to recognize periods of faithful service, acts, or achievements which do not meet the standards required for decorations by issuing to individual U.S. military personnel a DA Form 2442 (Certificate of Achievement) or a Certificate of Achievement of local design. There are no provisions for listing Certificate of Achievements on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. PO awarded the applicant the Parachute Rigger Badge and the Army Achievement Medal during his period of active duty. Therefore, he is entitled to correction of his DD Form 214 to show these awards.
2. He attained the rank of pay grade E-4 and was honorably separated at the completion of his required active service. It appears he met the criteria for award of the Army Good Conduct Medal. Therefore, it would be appropriate at this time to award him the Army Good Conduct Medal (1st Award) for the period 12 June 1991 through 11 June 1994 and add it to his DD Form 214.
3. The evidence shows he was issued a Certificate of Achievement for his successful completion of the M60 Machine Gunner's Development Course in June 1992. However, in accordance with regulatory guidance a Certificate of Achievement is not shown on the DD Form 214.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____X____ ____X____ ____X____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
* Awarding the applicant the Army Good Conduct Medal (1st Award) for the period 12 June 1991 through 11 June 1994
* adding to his DD Form 214 the:
* Army Good Conduct Medal (1st Award)
* Parachute Rigger Badge
* Army Achievement Medal
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to adding to his DD Form 214 his Certificate of Achievement.
_____________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) AR20140002438
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ABCMR Record of Proceedings (cont) AR20140002438
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