IN THE CASE OF:
BOARD DATE: 15 September 2015
DOCKET NUMBER: AR20150000735
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 the Army Commendation Medal and Army Achievement Medal.
2. The applicant states she received the Army Commendation Medal a few days after her separation and the Army Achievement Medal shortly before her separation. Apparently because of the late date of the awards, they were not included on her DD Form 214. She has recently been commissioned in the United States Public Health Service (PHS) and would like to wear all of her awards.
3. The applicant provides copies of her DD Form 214, a USPHS Award Authorization letter, and a letter of support.
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 19 January 1995 through 22 December 1997, attaining the rank and grade of specialist E-4. She was honorably discharged to attend an officer training program.
3. Her DD Form 214 does not list the Army Commendation Medal or Army Achievement Medal.
4. Her record contains no documentation indicating she received the requested awards.
5. The USPHS award authorization letter state the applicant is authorized to wear the PHS Regular Corps Ribbon, PHS Commissioned Corps Training Ribbon, Army Service Ribbon, and the National Defense Service Medal.
6. In her letter of support, CW2 K____ A_____ states she was present when the applicant received the Army Commendation Medal and the Army Achievement Medal.
7. Army Regulation 600-8-22 (Military Awards) provides that for award of all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.
DISCUSSION AND CONCLUSIONS:
1. The available records are void of documentation verifying that orders were published announcing award of the Army Commendation Medal or Army Achievement Medal to the applicant.
2. Without official documentation confirming orders were published, there is insufficient corroborating evidence to verify either the applicant's or CW2 A____'s statements.
3. The applicant has not provided and the record does not contain any verifiable evidence that she was authorized and awarded the Army Commendation Medal or the Army Achievement Medal.
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) AR20150000735
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ABCMR Record of Proceedings (cont) AR20150000735
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