IN THE CASE OF:
BOARD DATE: 18 November 2014
DOCKET NUMBER: AR20140006341
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 (Report of Separation from Active Duty) to show award of the Certificate of Achievement, Armed Forces Reserve Medal, and the Army Reserve Components Achievement Medal (Second Oak Leaf Cluster).
2. The applicant states he was issued the awards listed above while serving in the U.S. Army Reserve (USAR) and was never issued a corrected DD Form 214 when he retired from the USAR.
3. The applicant provides his DD Form 214, two memoranda, and a certificate.
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 15 January 1973. He was honorably released from active duty on 1 December 1975 and he was transferred to the USAR. The DD Form 214 he was issued for this period of service shows he completed 2 years, 10 months, and 17 days of creditable active service. It shows he was awarded the National Defense Service Medal and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).
3. The applicant provides:
a. A Certificate of Achievement, dated 24 November 1985, issued by the 472nd Chemical Battalion, USAR, wherein it shows he was awarded the certificate in recognition of dedicated service for training year 1985.
b. A memorandum to himself, dated 11 April 1992, from Headquarters (HQ), 472nd Chemical Battalion, Chicago, IL, wherein it stated he was awarded the Armed Forces Reserve Medal for honorable and satisfactory service as a member the Reserve Components for the period 2 June 1980 to 1 June 1990.
c. A memorandum to himself, dated 11 April 1992, from HQ, 472nd Chemical Battalion, wherein it stated he was awarded the Army Reserve Components Achievement Medal (Second Oak Leaf Cluster) as member of the USAR for 4 continuous years from 2 June 1988 to 1 June 1992.
4. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.
5. Army Regulation 635-5 states to list awards and decorations on the DD Form 214 in the priority sequence specified in Army Regulation 600-8-22 (Military Awards). Army Regulation 600-8-22 gives the order of precedence for awards and decorations. Only decorations, medals, and ribbons are listed. Certificates of achievement, letters of appreciation, and similar documents are not listed.
DISCUSSION AND CONCLUSIONS:
The evidence of record shows the applicant was released from active duty on 1 December 1975. He was awarded the Armed Forces Reserve Medal and the Army Reserve Components Achievement Medal in 1992. The DD Form 214 is a synopsis of the Soldier's record of active Army service at the time of release from active duty. There are no provisions for adding awards to the DD Form 214 which were awarded, or a Soldier qualified for, after the Soldier was released from active duty. In addition, certificates of achievement are not listed on the DD Form 214. Therefore, he is not entitled to 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) AR20140006341
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