IN THE CASE OF:
BOARD DATE: 15 September 2015
DOCKET NUMBER: AR20150002135
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 show he received the Army Achievement Medal (AAM) and to change block 11 (Primary Specialty) to show 3 years and
1 month.
2. The applicant states the portion of block 11 of his DD Form 214 citing the total time in his military occupational specialty (MOS) is wrong. He received his MOS on 30 November 2004 and he had it until he transferred to the Warrior Transition Unit (WTU) for a medical board in January 2008. He also wants to add his AAM to his DD Form 214.
3. The applicant provides:
* Orders 300-81 dated 26 October 2004
* AAM Certificate
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. On 5 May 2004, the applicant enlisted in the Regular Army. After initial training, he was awarded MOS 15B (Aircraft Powerplant Repairer).
3. Permanent Orders 300-81, United States Army Transportation Center and Fort Eustis, Fort Eustis, VA, show the applicant was awarded MOS 15B with an effective date of 30 November 2004.
4. The AAM Certificate that the applicant provides shows Permanent Order Number 317-109 as the authority for an AAM he received for the period
14 November 2005 to 13 November 2006.
5. On 18 June 2008, the applicant was honorably discharged due to a combat related disability and received severance pay. He had 4 years, 1 month, and
14 days of net active service.
6. Pursuant to the applicants Enlisted Record Brief, he was assigned to his MOS for a total of 3 years and 6 months. Item 11 of his DD Form 214 shows he held his MOS for 2 years and 10 months.
7. The applicants DD Form 214 shows in item 13 (Decorations, Medals Badges, Citations and Campaign Ribbons Awarded or Authorized) he was awarded the:
* Army Good Conduct Medal
* National Defense Service Medal
* Global War on Terrorism Service Medal
* Iraq Campaign Medal
* Army Service Ribbon
* Driver and Mechanic Badge Mechanic
* Basic Aviation Badge
DISCUSSION AND CONCLUSIONS:
The evidence the applicant provides is sufficient to show he was awarded the AAM and held his MOS from 30 November 2004 until the date of his separation on 18 June 2008, a total of 3 years and 6 months.
BOARD VOTE:
____X____ ___X_____ ___X_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
a. Deleting from item 11 of his DD Form 214 2 YRS 10 MOS;
b. Adding to item 11 of his DD Form 214 3 YRS 6 MO; and
c. Adding to item 13 of his DD Form 214 the AAM.
_______ _ ___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) AR20130000669
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ABCMR Record of Proceedings (cont) AR20150002135
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