IN THE CASE OF:
BOARD DATE: 2 April 2015
DOCKET NUMBER: AR20140013921
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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show two awards of the Army Commendation Medal (ARCOM), two awards of the Army Achievement Medal (AAM), and one award of the Meritorious Service Medal (MSM).
2. The applicant states her National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) provides the proof of the medals that she was awarded and the correct number of medals awarded.
3. The applicant provides her DD Form 214 and NGB Form 22.
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's military records are not available to the Board. This case is being considered primarily using the applicant's DD Form 214 and NGB Form 22, which she provided in support of her application.
3. The applicant's DD Form 214 shows she enlisted in the Regular Army on 24 July 1981 and continued to serve on active duty through a series of reenlistments. She was honorably discharged on 30 August 1991 under the provisions of Army Regulation 635-200 (Enlisted Personnel - Personnel Separations), chapter 5, paragraph 5-17 as directed by the Secretary of the Army. On the following day, she was transferred to a Reserve unit.
4. The applicant's DD Form 214 shows award of the ARCOM and the AAM. It does not reflect award of the MSM.
5. The applicant enlisted in the South Carolina Army National Guard on 22 May 1992 and she was discharged on 21 May 1993 at her expiration of service obligation.
6. The applicant's NGB Form 22 shows she was awarded the ARCOM (2nd award), AAM (2nd award), and MSM.
7. A review of the applicant's personnel records in the interactive Personnel Electronic Records Management System failed to reveal any orders or other documents indicating the periods for which she was awarded the ARCOM (2nd award), AAM (2nd award), and MSM.
8. Army Regulation 635-5 (Separation Documents), in effect at the time, governed the preparation of the DD Form 214. It stated that the DD Form 214 was a synopsis of the Soldier's most recent period of continuous active duty. It provided a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows she served on active duty from 24 July 1981 through 30 August 1991. She was issued a DD Form 214 for this period of service which reflects award of the ARCOM and AAM; however, it does not reflect award of the MSM.
2. Although the applicant has provided a copy of her NGB Form 22 which indicates she was awarded ARCOM (2nd award), AAM (2nd award), and the MSM, there is insufficient evidence which shows she received these awards for periods during her Regular Army service. Therefore, there is no basis for adding these awards to her DD Form 214.
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) AR20140013921
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ABCMR Record of Proceedings (cont) AR20140013921
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