IN THE CASE OF:	  

		BOARD DATE:	        6 January 2009

		DOCKET NUMBER:  AR20080015349


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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show he was awarded two Army Commendation Medals.

2.  The applicant states he is applying for a civil service position and needs all of his medals reflected on his DD Form 214.

3.  The applicant provides his DD Form 214; an Army Commendation Medal Certificate, dated 5 July 1984; and an Army Commendation Medal Certificate, dated 31 March 1986.

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 in the Regular Army from 5 July 1979 through 31 March 1986.

3.  The applicant’s Official Military Personnel File (OMPF) contains a copy of the Army Commendation Medal Certificate, dated 5 July 1984.

4.  Permanent Orders 61-3, Headquarters, US Army Air Defense Artillery Center, Fort Bliss, TX, dated 1 April 1986, awarded the applicant the Army Commendation Medal identified by the applicant-provided Certificate, dated 31 March 1986.

5.  Army Regulation 600-8-22 (Military Awards) states, in pertinent part, that the first oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Army Commendation Medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests his DD Form 214 show two awards of the Army Commendation Medal.

2.  The applicant provided two Army Commendation Medal Certificates as proof of his two awards of that medal.  His OMPF contains a copy of the 5 July 1984 Certificate and a copy of orders for the 31 March 1986 Certificate.

3.  It appears the applicant was awarded two Army Commendation Medals.  Therefore, his DD Form 214 should be corrected to reflect the Army Commendation Medal with one oak leaf cluster.

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 deleting the Army Commendation Medal from his DD Form 214 and adding the Army Commendation Medal with one oak leaf cluster.


															XXX
      ______________________
               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)                                         AR20080015349



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ABCMR Record of Proceedings (cont)                                         AR20080015349



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