IN THE CASE OF:	  

		BOARD DATE:	  18 June 2015

		DOCKET NUMBER:  AR20140018272 


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 (Report of Separation from Active Duty) to show award of the Army Commendation Medal (ARCOM).

2.  The applicant states the ARCOM was awarded to him on 16 August 1979, but it was omitted from his DD Form 214 because of an incorrect social security number (SSN) in the orders.

3.  The applicant provides:

* ARCOM Certificate and orders
* 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 17 August 1976 for 3 years.  His DD Form 4 (Enlistment or Reenlistment – Armed Forces of the United States) shows his SSN as XX9-XX-XXXX.  He completed his training and was awarded military occupational specialty 64C (motor transport operator).

3.  He provided an ARCOM Certificate, dated 10 August 1979, which shows he was awarded the ARCOM for meritorious service from 13 December 1976 through 16 August 1979.

4.  He also provided Headquarters, 1st Corps Support Command, Permanent Orders 89-18, dated 16 August 1979, which show he was awarded the ARCOM for meritorious service during the period 13 December 1976 to 16 August 1976.  His SSN is shown as XX5-XX-XXXX.

5.  On 16 August 1979, he was honorably released from active duty.

6.  His DD Form 214 shows he was awarded or authorized the:

* Driver and Mechanic Badge
* Expert Marksmanship Qualification Badge with Hand Grenade Bar
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)

7.  A DD Form 215 (Correction to DD Form 214), dated 23 March 1982, shows the Army Good Conduct Medal was added to his DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant provides an ARCOM Certificate and orders which show he was awarded the ARCOM for meritorious service during the period 13 December 1976 to 16 August 1979.

2.  The incorrect third digit of his SSN on the ARCOM orders is noted.  However, it appears this was an administrative error when the orders were published.  Since any reasonable doubt should be resolved in favor of the applicant, it would be appropriate to add award of the ARCOM to his DD Form 214.



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 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 award of the ARCOM to 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.

ABCMR Record of Proceedings (cont)                                         AR20140018272



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ABCMR Record of Proceedings (cont)                                         AR20140018272



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