IN THE CASE OF:	  

		BOARD DATE:	  21 December 2010

		DOCKET NUMBER:  AR20100016412 


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 award of the Army Commendation Medal (ARCOM).

2.  The applicant states he believes the person completing his DD Form 214 forgot to include the ARCOM. 

3.  The applicant provides his DD Form 214, ARCOM orders, and an ARCOM award 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.  The applicant's records show he enlisted in the Regular Army on 18 March 1985.  He completed basic combat and advanced individual training and he was awarded military occupational specialty 63S (Wheel Vehicle Mechanic).

3.  He was assigned to Company A, 11th Engineer Battalion, Fort Belvoir, VA from 3 August 1985 to 17 March 1989.  On 17 March 1989, he was honorably released from active duty in the rank/grade of specialist (SPC)/E-4 and he was transferred to the U.S. Army Reserve (USAR) Control Group to complete his Reserve obligation.

4.  The DD Form 214 he was issued shows he completed a total of 4 years of creditable active service with no lost time.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show award of the ARCOM.

5.  The applicant provides a copy of Permanent Orders 75-1 issued by U.S. Army, Fort Belvoir, dated 28 June 1989, that awarded him the ARCOM for meritorious service from 5 August 1985 to 17 March 1989.

DISCUSSION AND CONCLUSIONS:

Permanent orders awarded the applicant the ARCOM which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

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 adding to item 13 of his DD Form 214 the Army Commendation Medal.



      ___________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)                                         AR20100016412



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ABCMR Record of Proceedings (cont)                                         AR20100016412



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