BOARD DATE: 25 September 2014
DOCKET NUMBER: AR20140003352
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 add the Army Commendation Medal and the Drivers Badge.
2. The applicant states, in effect, he discovered these awards were omitted from his DD Form 214 when he recently ordered his military personnel records.
3. The applicant provides:
* Permanent Orders (PO) Number 216-18, dated 7 December 1988
* PO Number 34-1, dated 2 June 1989
* certificate for award of the Army Commendation Medal
* 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
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 24 June 1986 and held military occupational specialty 31M (Multichannel Communications Systems Operator). The highest rank/grade he attained while serving on active duty was specialist (SPC)/E-4.
3. He provided PO Number 216-18, issued by Headquarters, 24th Infantry Division, Fort Stewart, GA, on 7 December 1988. These orders awarded him the Driver and Mechanic Badge with Driver-W Bar indicating wheeled vehicle.
4. He provided PO Number 34-1, issued by Headquarters, 24th Infantry Division, Fort Stewart, GA, on 2 June 1989. These orders awarded him the Army Commendation Medal.
5. He was honorably released from active duty on 23 June 1989. His DD Form 214 does not show the requested awards.
DISCUSSION AND CONCLUSIONS:
Orders awarded the applicant the Army Commendation Medal and the Driver and Mechanic Badge with Driver-W Bar; therefore, he is entitled to correction of his DD Form 214 to add these awards.
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 adding to his DD Form 214 the Army Commendation Medal and the Driver and Mechanic Badge with Driver-W Bar.
_________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) AR20140003352
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ABCMR Record of Proceedings (cont) AR20140003352
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