IN THE CASE OF:
BOARD DATE: 23 October 2014
DOCKET NUMBER: AR20140004401
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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show his award of the Bronze Star Medal (BSM) and that he was released from active duty instead of being released from active duty training.
2. The applicant states, in effect, that he was awarded the BSM and it is not reflected on his DD Form 214. Additionally, his DD Form 214 reflects that he was released from active duty training when in fact he was not on active duty for training but was ordered to active duty in support of Operation Enduring Freedom.
3. The applicant provides copies of his DD Form 214, deployment orders, and orders awarding him the BSM.
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 was serving in the Georgia Army National Guard (GAARNG) when he was ordered to active duty in support of Operation Enduring Freedom on 1 March 2009 for a period not to exceed 400 days.
3. He deployed to Afghanistan during the period 20090418 20100219. He was awarded the BSM in Permanent Orders 263-2015 issued by Headquarters, Combined Joint Task Force 82 on 20 September 2009. He was returned to Fort Stewart, Georgia where he was honorably released from active duty on
20 March 2010. However, his DD Form 214 shows he was released from active duty training and does not reflect his award of the BSM.
DISCUSSION AND CONCLUSIONS:
1. The applicant was not ordered to active duty training; however, his DD Form 214 incorrectly reflects that he was. Accordingly, his DD Form 214 should be corrected to show he was released from active duty.
2. The applicant was also awarded the BSM and it is not reflected on his DD Form 214. Accordingly, it should be added at this time.
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:
a. Deleting the entry "Release from Active Duty Training" from his DD Form
214 for the period ending 20 March 2010 and replacing it with the entry
"Released from Active Duty"
b. Adding to his DD Form 214 for the period ending 20 March 2010 the BSM
___________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) AR20140004401
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ABCMR Record of Proceedings (cont) AR20140004401
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