IN THE CASE OF:
BOARD DATE: 8 September 2015
DOCKET NUMBER: AR20150001973
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) for the period ending 30 December 2003 to show her previously-awarded:
* Army Commendation Medal
* Army Good Conduct Medal (1st Award)
* letter of commendation for advanced individual training
2. The applicant states, in effect, she out-processed late November/early
December 2003 and her awards were not given until mid-December. They therefore were not added to her DD Form 214.
3. The applicant provides photocopies of:
* memorandum, dated 29 March 2001, addressed to the applicant from Headquarters, 3rd Battalion (Airborne), 1st Special Warfare Training Group (Airborne), subject: Letter of Commendation
* diploma, dated 29 March 2001, showing graduation from the Special Warfare Center and School, Psychological Operations Specialist Course attended during the period 8 January 2001 to 29 March 2001
* award certificate for the Army Good Conduct Medal for the period 5 October 2000 to 4 October 2003
* memorandum, dated 11 December 2003, addressed to Commander,
1st Psychological Operations Battalion, subject: Good Conduct Medal
* Permanent Orders (PO) Number 352-103, dated 18 December 2003, issued by 1st Psychological Operations Battalion (Airborne) showing the first award of the Army Good Conduct Medal to the applicant
* award certificate for the Army Commendation Medal
* DA Form 638 (Recommendation for Award), showing the award of the Army Commendation Medal on PO Number 345-2, dated 11 December 2003, issued by Headquarters, 4th Psychological Group (Airborne)
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 5 October 2000. After completing initial training she was awarded military occupational specialty 37F (Psychological Operations Specialist).
3. She was honorably released from active duty on 30 December 2003. Her
DD Form 214 shows she completed 3 years, 2 months, and 26 days of net active service this period. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) shows:
* Joint Service Achievement Medal
* National Defense Service Medal
* Army Service Ribbon
* Expert Marksmanship Qualification Badge with Rifle Bar
* Parachutist Badge
4. The applicant's official military personnel file is void of any orders, award certificates, or other related documents which would show she received the Army Commendation Medal, the Army Good Conduct Medal, and a letter of commendation.
5. The applicant provides documents, in the form of photocopied POs, which verify the awards of the Army Commendation Medal and the Army Good Conduct Medal.
6. Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribes policy and gives guidance for the completion of the DD Form 214. It states, in pertinent part, item 13 is to show awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 (Military Awards). It does not identify letters of commendation as being authorized for inclusion on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
As to the addition of awards to her DD Form 214, the evidence provided by the applicant are photocopies of what appear to be original documents and can be considered valid. They clearly show she received the Army Commendation Medal and the Army Good Conduct Medal (1st Award). As such, these awards should be added to her DD Form 214. However, there is no provision for listing letters of commendation on the DD Form 214 and, thus, this document should not be reflected.
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 to item 13 of her DD Form 214 for the period ending 30 December 2003 the Army Commendation Medal and the Army Good Conduct Medal (1st Award).
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 adding to her DD Form 214
for the period ending 30 December 2003 her letter of commendation.
_____________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) AR20150001973
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20150001973
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