IN THE CASE OF: BOARD DATE: 8 July 2010 DOCKET NUMBER: AR20090021304 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 record to show he was awarded the Soldier's Medal (SM) and twice awarded the Army Commendation Medal (ARCOM). 2. The applicant states his personnel unit in Germany failed to forward paperwork [for the awards]. 3. The applicant provides copies of a citation for the SM and two ARCOM Certificates. 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 14 July 1983. He served in military occupational specialties 63S (Heavy Wheeled Vehicle Mechanic) and 17K (Ground Surveillance Systems Operator, later redesignated military occupational specialty 96R) until his discharge on 10 June 1994. He completed 10 years, 10 months, and 10 days of active military service. His DD Form 214 does show award of any Army Commendation Medal, the Soldier's Medal, or any badges other than a marksmanship qualification badge. 3. Permanent Orders 64-6, Headquarters, 59th Ordnance Brigade, dated 25 August 1989, awarded the ARCOM to the applicant for his heroism on 17 June 1989. 4. General Orders Number 6, Headquarters, Department of the Army, dated 30 March 1990, awarded the SM to the applicant for his heroism on 17 June 1989. 5. The applicant provides an ARCOM Certificate dated 11 August 1989 and an SM citation. The ARCOM Certificate cites the same actions described in the Soldier's Medal citation. 6. The applicant provides a second ARCOM Certificate, dated 14 October 1991, showing he was awarded the ARCOM for meritorious service during the period September 1988 to January 1992 as announced in Permanent Orders 81-10, 59th Ordnance Brigade. 7. Review of the applicant's records indicates entitlement to additional awards not shown on his DD Form 214. 8. Permanent Orders 35-1, Headquarters, Aviation Brigade, Hunter Army Airfield, dated 25 June 1987, awarded the applicant the "Driver-W Badge." 9. Permanent Orders 57-3, Headquarters, Aviation Brigade, Hunter Army Airfield, dated 10 September 1987, awarded the applicant the "Mechanics Badge." 10. Army Regulation 600-8-22 (Military Awards) states only one decoration will be awarded to an individual for the same act, achievement, or period of meritorious service. To ensure that a deserving act, achievement, or service receives recognition, the appropriate authority may promptly award a suitable lesser military decoration pending final action on a recommendation for a higher award. When a higher award is approved, the approving authority will revoke the interim award. The Army Commendation Medal may be awarded by the appropriate commander as an interim award in those cases involving heroism and for which a recommendation for award of the Soldier’s Medal has been submitted. DISCUSSION AND CONCLUSIONS: 1. The applicant's request for correction of his record to show he was awarded the SM and twice awarded the ARCOM is partially supported by the evidence in this case. 2. General orders awarded the applicant the SM. Therefore, he is entitled to correction of his records to show this award. 3. The evidence of record indicates the applicant was awarded the ARCOM as an interim award pending approval of the higher award of the SM for his heroism on 17 June 1989. The interim award would have been revoked upon approval of the higher award. Therefore, he is not entitled to correction of his record to show award of the ARCOM for his actions on 17 June 1989. 4. A properly completed certificate shows the applicant was awarded the ARCOM for meritorious service during the period September 1988 to January 1992. He is entitled to correction of his record to show this award. 5. Permanent orders awarded the applicant the Driver and Mechanic Badge with Driver-W Bar and Mechanic Bar. He is entitled to correction of his record to show these awards. 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 his DD Form 214 the: * Soldier's Medal * Army Commendation Medal * Driver and Mechanic Badge with Driver-W and Mechanic Bars 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 correcting the record to show two awards of the ARCOM. _______ _ 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) AR20090021304 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20090021304 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1