BOARD DATE:	  1 February 2011

		DOCKET NUMBER:  AR20100016022 


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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Army Commendation Medal (ARCOM) with two oak leaf clusters, Army Achievement Medal (AAM) with one oak leaf cluster, and Driver and Mechanic Badge with Driver-W Bar.

2.  The applicant states he was assured his records were corrected.

3.  The applicant provides copies of a DA Form 638-1 (Recommendation for Award of AAM, ARCOM, and Meritorious Service Medal); an ARCOM Certificate; and orders for awards of the AAM with 1st Oak Leaf Cluster, ARCOM with 1st Oak Leaf Cluster, and the Driver and Mechanic Badge with Driver-W Bar.

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 23 January 1979.  He completed his initial training and was awarded military occupational specialty 13B (Cannon Crewmember).

3.  The following permanent orders (PO) show the applicant was awarded the indicated decoration/badge:

	a.  AAM by PO 90-132, Fort Hood, Texas, dated 30 May 1986;

	b.  ARCOM by PO 4-14, Fort Hood, Texas, dated 8 January 1987;

	c.  AAM with1st Oak Leaf Cluster by PO 24-8, Headquarters, 2nd Battalion, 20th Field Artillery, dated 27 June 1988;

	d.  Driver and Mechanic Badge with Driver-W Bar by PO 38-3, Headquarters, 2nd Battalion, 20th Field Artillery, dated 4 October 1988;

	e.  ARCOM with1st Oak Leaf Cluster by PO 136-44, Fort Sill, Oklahoma, dated 16 July 1991; and

	f.  ARCOM with 2nd Oak Leaf Cluster by PO 14-19, Fort Sill, Oklahoma, dated 3 February 1992.

4.  On 18 January 1992 just prior to the issuance of his third ARCOM, the applicant was honorably discharged.  He had attained the rank of corporal/pay grade E-4 and had completed 12 years, 11 months, and 26 days of creditable active duty service.

5.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists his awards as:

* Army Service Ribbon
* Overseas Service Ribbon (2nd Award)
* Southwest Asia Service Medal with two bronze service stars
* Army Good Conduct Medal (4th Award)
* Army Commendation Medal
* Army Achievement Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Marksman Marksmanship Qualification Badge with Grenade Bar
* National Defense Service Medal
* Noncommissioned Officer Professional Development Ribbon with Numeral 2

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his DD Form 214 should be corrected to show award of the ARCOM with two oak leaf clusters, AAM with one oak leaf cluster, and the Driver and Mechanic Badge with Driver-W Bar.

2.  PO clearly show the applicant was awarded the ARCOM with two oak leaf clusters, AAM with one oak leaf cluster, and the Driver and Mechanic Badge with Driver-W Bar.  Therefore, his DD Form 214 should be corrected to show these awards.

BOARD VOTE:

___x____  ____x___  ____x___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

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:

	a.  deleting from item 13 of his DD Form 214 the ARCOM and AAM and

	b.  showing that in addition to the awards already shown on his DD Form 214, his awards include the ARCOM with two oak leaf clusters, AAM with one oak leaf cluster, and the Driver and Mechanic Badge with Driver-W Bar.



__________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)                                         AR20100016022



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ABCMR Record of Proceedings (cont)                                         AR20100016022



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