BOARD DATE: 1 August 2018 DOCKET NUMBER: AR20160017788 BOARD VOTE: ____x_____ __x_____ ___x_____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 1 August 2018 DOCKET NUMBER: AR20160017788 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is 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 adding award of the Air Medal to item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of 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. BOARD DATE: 1 August 2018 DOCKET NUMBER: AR20160017788 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 his award of the Air Medal. 2. The applicant states his award of the Air Medal was never entered on his DD Form 214. 3. The applicant provides: * Air Medal Certificate, dated 8 April 1991 * DD Form 214 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 9 September 1983. 3. He provided a copy of his Air Medal Certificate awarded on 8 April 1991 that shows the medal was awarded for meritorious achievement involving aerial flight in combat operations during the period 17 January 1991 to 28 February 1991 while serving with 2nd Battalion, 1st Aviation Regiment, 1st Armored Division, while deployed to Southwest Asia in support of Operation Desert Storm. This certificate is also filed in his official military personnel file in the interactive Personnel Electronic Records Management System. 4. His DA Form 2-1 (Personnel Qualification Record – Part II) shows, in part, in: * item 5 (Oversea Service), Southwest Asia, 6-month temporary duty from 20 December 1990 through 1 May 1991 * item 9 (Awards, Decorations & Campaigns), award of the Air Medal 5. On 18 February 1999, his was honorably released from active duty and his name was placed on the Temporary Disability Retired List. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) does not show award of the Air Medal. 6. U.S. Army Physical Disability Agency Orders D17-4, dated 25 January 1999 (2000), shows his name was removed from the Temporary Disability Retired List and he was permanently retired effective 28 January 2000. 7. His available records are void of orders awarding him the Air Medal. REFERENCES: Army Regulation 635-5 (Separation Documents), in effect at the time, established policies and procedures for completion and distribution of the DD Form 214. The instructions for item 13 stated to list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 (Military Awards). Each entry will be verified by the Soldier's records. DISCUSSION: 1. The applicant contends his award of the Air Medal is not shown on his DD Form 214. 2. Although his records are void of and he failed to provide orders awarding him the Air Medal, his DA Form 2-1 shows he was awarded the Air Medal. Additionally, his Air Medal Certificate is filed in his official military personnel file in the interactive Personnel Electronic Records Management System. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160017788 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160017788 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2