IN THE CASE OF:
BOARD DATE: 21 May 2015
DOCKET NUMBER: AR20140015108
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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show his award of an Army Commendation Medal and his rank as corporal (CPL).
2. The applicant states his DD Form 214 does not include his award of the Army Commendation Medal and lists his rank as specialist four (SP4) not as a CPL.
3. The applicant provides copies of Fort Devens Orders 78-43, for a correction of his date of rank, and Fort Devens Permanent Orders for award of the Army Commendation Medal.
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 served on active duty from 16 September 1981 through 14 August 1987 in the military occupational specialty 95B (Military Policeman).
3. Fort Devens Orders 78-43, dated 24 April 1987, amended Orders 20-46 correcting his date of rank. His rank is shown as CPL.
4. The undated Fort Devens Permanent Orders contain no order number. These orders show award of the Army Commendation Medal for meritorious service during the period 31 December 1984 15 May 1987. These orders show his rank as SP4.
5. His DA Form 2-1 (Personnel Qualification Record Part II) shows
* advancement to SP4 on 1 September 1983
* award of the Expert Marksmanship Qualification Badge with Rifle Bar, Marksman Marksmanship Qualification Badge with Pistol and Hand Grenade Bars, Army Service Ribbon, Driver and Mechanic Badge with Driver - Wheeled Vehicle Clasp, Army Good Conduct Medal, Overseas Service Ribbon, and the Army Achievement Medal
6. His DD Form 214 shows
* his grade as SP4
* award of the Army Service Ribbon, Overseas Service Ribbon, Army Good Conduct Medal, Army Achievement Medal, Driver and Mechanic Badge with Driver - Wheeled Vehicle Clasp, Expert Marksmanship Qualification Badge with Rifle Bar, and the Marksman Marksmanship Qualification Badge with Pistol and Hand Grenade Bars
7. Army Regulation 15185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the Army Board for Correction of Military Records (ABCMR). Paragraph 2-9 states that the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence.
DISCUSSION AND CONCLUSIONS:
1. The only available document showing the applicant's rank as CPL and not SP4 is the Fort Devens Orders 78-43. There are no orders converting his rank from SP4 to CPL. Without orders officially converting the applicant's rank designation, it would be inappropriate to change the rank on his DD Form 214.
2. The applicant's award of the Army Commendation Medal was omitted from his DD Form 214. It would be appropriate to add this award to his DD Form 214.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___x____ ___x____ ___x____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the Army Commendation Medal to his DD Form 214.
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to his rank designation on his DD Form 214.
____________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) AR20140015108
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ABCMR Record of Proceedings (cont) AR20140015108
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