IN THE CASE OF:
BOARD DATE: 19 March 2015
DOCKET NUMBER: AR20140011507
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 some unspecified awards.
2. The applicant states he believes his medals need to be updated.
3. The applicant provides a copy of his 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, with prior Reserve service, enlisted in the Regular Army on 30 June 2004.
3. On 28 October 2004, the applicant was counseled because of the excessive time spent away from his duties (numerous appointments and daily family emergencies). He was directed to provide adequate care arrangements for his dependents. It was stated that he was unable to perform his duties as a Soldier. It was recommended to the commander that he be required to provide a family care plan for long and short term care of his wife and pending child.
4. On 29 October 2004, the applicant's command notified him of his intent to initiate discharge proceedings under the provisions of Army Regulation 635-200, (Active Duty Enlisted Administrative Separations), paragraph 5-8, involuntary separation due to parenthood, due to the applicant's inability to provide a family care plan. The applicant was given 30 days to provide a family care plan.
5. On 5 January 2005, the commander formally initiated separation proceedings against the applicant and after consulting with counsel he acknowledged the separation action.
6. The discharge authority approved separation action, waived further rehabilitation efforts, and directed the applicant receive an honorable discharge.
7. On 2 March 2005, the applicant was honorably discharged. His DD Form 214 lists his awards as the National Defense Service Medal, Global War on Terrorism Service Medal, Armed Forces Reserve Medal with M Device, and Army Service Ribbon.
8. A review of Army Regulation 600-8-22 (Military Awards) failed to show the applicant is entitled to any awards other than those entered on his DD Form 214.
DISCUSSION AND CONCLUSIONS:
The applicant has not provided evidence showing and the records do not show he was or is authorized any awards or decorations not currently listed on his DD Form 214. As such, 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) AR20140011507
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ABCMR Record of Proceedings (cont) AR20140011507
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