IN THE CASE OF:
BOARD DATE: 25 November 2014
DOCKET NUMBER: AR20140006346
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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected by adding her award of the Army Achievement Medal (AAM) and Certificate of Merit for Safety.
2. The applicant states her DD Form 214 does not contain all of the awards she received while in the Army.
3. The applicant provides copies of her DD Form 214, AAM orders, and Certificate of Merit for Safety.
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 9 June 1981 for a period of 3 years. She completed her training and was transferred to Fort Bragg, North Carolina where she remained until she was honorably released from active duty (REFRAD) on 8 June 1984 and was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement).
3. The DD Form 214 issued to the applicant at the time of her REFRAD shows that she was awarded the Good Conduct Medal and her marksmanship badges.
4. The applicant transferred to a USAR Troop Program Unit in Illinois and she was awarded a Certificate of Merit for Safety 1 August 1987. On 23 August 1987, she was awarded the AAM.
5. The applicant was honorably discharged from the USAR on 24 May 1994.
6. Army Regulation 635-5 (Separation Documents) at the time stated to list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22. 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. It also states that only decorations earned prior to and during the period covered by the DD Form 214 will be entered on that form. Awards issued subsequent to the date of the DD Form 214 will not be entered retroactively on that form.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that her award of the AAM and the Certificate of Merit for Safety should be entered on her DD Form 214 has been noted.
2. While certificates are not entered on the DD Form 214, both the certificate and her award of the AAM were issued after her REFRAD and are not authorized for retroactive entry on the DD Form 214.
3. In the event that she again enters active duty, the award of the AAM will be authorized for entry on her new DD Form 214.
4. Accordingly, there appears to be no basis to grant her request.
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) AR20140006346
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ABCMR Record of Proceedings (cont) AR20140006346
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