IN THE CASE OF:
BOARD DATE: 16 September 2014
DOCKET NUMBER: AR20140002822
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 (Armed Forces of the United States Report of Transfer or Discharge) to show a letter of commendation.
2. He states his letter of commendation was never entered on his DD Form 214.
3. He provides his DD Form 214 and a letter of commendation.
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 complete military records are not available for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center (NPRC), St. Louis, MO, in 1973. It is believed most of his Army records were lost or destroyed in that fire. This case is being considered using the documents the applicant provides.
3. On 15 February 1957, he was inducted into the Army of the United States.
4. He provides a letter of commendation, dated 31 January 1958, from the Director of Medical Research, U.S. Army Chemical Warfare Laboratories, Army Chemical Center, MD. The letter's author expresses his appreciation for the applicant's participation in the military volunteer research program conducted by the author's directorate. He was commended for exposing himself to experiments above and beyond the call of duty.
5. He was honorably released from active duty on 16 May 1958. Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the Army Good Conduct Medal.
6. Army Regulation 672-5-1 (Decorations, Certificates, and Letters for Service), in effect at the time, provided that acts or service which did not meet the criteria for decorations or various authorized certificates could be recognized by written or oral expressions or commendation or appreciation. Letters of commendation were to be placed in the individual's Military Personnel Records Jacket (MPRJ). Letters of commendation pertaining to enlisted personnel could be recorded in the service record in accordance with the applicable regulation.
7. Army Regulation 635-5 (Personnel Separations - Administrative Separation Procedures and Forms), in effect at the time, provided instructions for completing the DD Form 214. It stated to enter decorations, etc., awarded or authorized during the period covered by the DD Form 214 being prepared from Section 9, DA Form 24 (Service Record), omitting authorities cited therein.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record does not support the applicant's request for correction of his DD Form 214 to show a letter of commendation.
2. Letters of commendation were not listed among the items to be entered in item 26 of the DD Form 214. Letters of commendation were to be placed in the MPRJ, and they could be recorded in the service record. The fact that his letter of commendation was not listed on his DD Form 214 is not an error, and there is no basis for granting the requested relief.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____x___ ____x___ ___x ____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
___________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) AR20140002822
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140002822
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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